Mellon v. Human Resources Development Canada

Mellon v. Human Resources Development Canada

The Tribunal denied qualification because the complainant failed to provide the required notice and signed expert report under Interim Rule 6(4); without the substance of the proposed testimony the Tribunal could not reasonably determine that the witness's evidence would assist in deciding factual issues and therefore would not qualify the witness as an expert.

Citation
2005 CHRT 12
Parties
Complainant: Mary Mellon; Commission: Canadian Human Rights Commission; Respondent: Human Resources Development Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 February 2005
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Qualification of Expert Witness (pre Hearing)
Outcome
Request to qualify William Wilkerson as an expert denied; witness not qualified as an expert.
Legal Topics
Expert Evidence Admissibility, Qualification of Expert Witness, Mental Health in the Workplace, Tribunal Procedure
Source Language
English
Administrative Law Human Rights Employment Law Evidence Expert Evidence Admissibility Qualification of Expert Witness Mental Health in the Workplace Tribunal Procedure

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Parties

Mary Mellon

Complainant

Canadian Human Rights Commission

Commission

Human Resources Development Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Qualification of Expert Witness (pre Hearing)

Legal Issues

  1. 1 Whether William Wilkerson should be qualified as an expert in managing mental health issues in the workplace
  2. 2 Application of the Mohan criteria in a tribunal setting
  3. 3 Requirement to provide a signed expert report and substance of proposed testimony under Tribunal Interim Rules 6(4)

Ratio Decidendi

The Tribunal denied qualification because the complainant failed to provide the required notice and signed expert report under Interim Rule 6(4); without the substance of the proposed testimony the Tribunal could not reasonably determine that the witness's evidence would assist in deciding factual issues and therefore would not qualify the witness as an expert.

Court Disposition

Request to qualify William Wilkerson as an expert denied; witness not qualified as an expert.

Orders

  • The Tribunal will not qualify William Wilkerson as an expert witness due to failure to serve the signed expert report and the substance of the proposed testimony as required by Interim Rule 6(4).