Murray v. Immigration and Refugee Board

Murray v. Immigration and Refugee Board

Although s.40.1(2)(b) and s.54.1(2) do not preclude the Tribunal from hearing the complaint, the PSST previously adjudicated the essential issue of whether systemic race-based barriers at the IRB existed and the complainant had a full opportunity to present the case; under Figliola and related authority, relitigation of essentially the same dispute is an abuse of process and issue estoppel applies; therefore the Tribunal grants the Respondent's motion and dismisses the complaint.

Citation
2013 CHRT 2
Parties
Complainant: Norm Murray; Commission: Canadian Human Rights Commission; Respondent: Immigration and Refugee Board
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 January 2013
Procedural Posture
Human Rights Complaint / Preliminary Motion to Dismiss (ruling)
Outcome
Respondent's motion to dismiss granted; complaint dismissed
Legal Topics
Systemic Discrimination, Employment Equity, Jurisdiction, Issue Estoppel, Abuse of Process, Remedies, Discovery
Source Language
English
Administrative Law Employment Law Human Rights Law Labour Law Systemic Discrimination Employment Equity Jurisdiction Issue Estoppel +3 more

Case Brief

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Parties

Norm Murray

Complainant

Canadian Human Rights Commission

Commission

Immigration and Refugee Board

Respondent

Procedural Posture

Human Rights Complaint / Preliminary Motion to Dismiss (ruling)

Legal Issues

  1. 1 On what basis can the Tribunal dismiss a complaint prior to a full hearing?
  2. 2 Does paragraph 40.1(2)(b) of the Canadian Human Rights Act limit the Tribunal's ability to consider the complaint?
  3. 3 Does subsection 54.1(2) of the Canadian Human Rights Act limit the Tribunal's ability to consider the complaint?

Ratio Decidendi

Although s.40.1(2)(b) and s.54.1(2) do not preclude the Tribunal from hearing the complaint, the PSST previously adjudicated the essential issue of whether systemic race-based barriers at the IRB existed and the complainant had a full opportunity to present the case; under Figliola and related authority, relitigation of essentially the same dispute is an abuse of process and issue estoppel applies; therefore the Tribunal grants the Respondent's motion and dismisses the complaint.

Court Disposition

Respondent's motion to dismiss granted; complaint dismissed

Orders

  • Respondent's motion to dismiss the complaint granted; complaint dismissed