Christoforou v. John Grant Haulage Ltd.

Christoforou v. John Grant Haulage Ltd.

The Member refused to recuse because the USB device distribution and brief handshakes were minor, occurred in the presence of the Respondent's counsel, involved no data or evidence of improper influence, and were consistent with informal courtroom pleasantries. Given the Member's demonstrated conduct throughout the proceeding ensuring procedural fairness, a reasonable informed person would not conclude the Member lacked impartiality; therefore no reasonable apprehension of bias was established and recusal was not required.

Citation
2017 CHRT 17
Parties
Complainant: Michael Christoforou; Commission: Canadian Human Rights Commission; Respondent: John Grant Haulage Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 June 2017
Procedural Posture
Human Rights Discrimination Complaint Under the Canadian Human Rights Act / Interim Ruling on Respondent's Motion for Recusal
Outcome
Respondent's motion for recusal dismissed; Member will not recuse
Legal Topics
Recusal, Reasonable Apprehension of Bias, Procedural Fairness, Natural Justice, Acceptance of Gifts/pleasantries
Source Language
English
Human Rights Employment Administrative Law Age Disability Recusal Reasonable Apprehension of Bias Procedural Fairness +2 more

Case Brief

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Parties

Michael Christoforou

Complainant

Canadian Human Rights Commission

Commission

John Grant Haulage Ltd.

Respondent

Procedural Posture

Human Rights Discrimination Complaint Under the Canadian Human Rights Act / Interim Ruling on Respondent's Motion for Recusal

Legal Issues

  1. 1 Whether the tribunal member's acceptance of a promotional USB device and exchange of handshakes/pleasantries created a reasonable apprehension of bias warranting recusal
  2. 2 Whether the circumstances demonstrated actual bias or an appearance of bias to a reasonable, informed person given the full record of the proceedings
  3. 3 Whether informality permitted by the Act (ss.48.9(1),50(1)) mitigates the significance of social pleasantries in assessing impartiality

Ratio Decidendi

The Member refused to recuse because the USB device distribution and brief handshakes were minor, occurred in the presence of the Respondent's counsel, involved no data or evidence of improper influence, and were consistent with informal courtroom pleasantries. Given the Member's demonstrated conduct throughout the proceeding ensuring procedural fairness, a reasonable informed person would not conclude the Member lacked impartiality; therefore no reasonable apprehension of bias was established and recusal was not required.

Court Disposition

Respondent's motion for recusal dismissed; Member will not recuse

Orders

  • Recusal motion dismissed; Member J. Dena Bryan will remain assigned to the matter
  • Member will review the evidence and submissions thoroughly and render a decision with comprehensive reasons