Tweten v. RTL Robinson Enterprises Ltd.

Tweten v. RTL Robinson Enterprises Ltd.

The Tribunal dismissed the respondent's preliminary motion because issue estoppel did not apply (the Commission is not a privy and parties are not identical), the Tribunal cannot summarily dismiss a complaint as frivolous or in bad faith under s.41(1)(d) and the respondent failed to seek judicial review of the Commission's referral, and there was no abuse of process since the Labour Code adjudicator did not decide the discrimination or accommodation issues now before the Tribunal.

Citation
2004 CHRT 8
Parties
Complainant: Bruce Tweten; Commission: Canadian Human Rights Commission; Respondent: RTL Robinson Enterprises Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 February 2004
Procedural Posture
Canadian Human Rights Act Complaint / Ruling on Preliminary Motion (pre Inquiry)
Outcome
Respondent's preliminary motion dismissed.
Legal Topics
Issue Estoppel, Abuse of Process, Frivolous and Vexatious Complaints, Judicial Review, Tribunal Jurisdiction, Accommodation Obligations
Source Language
English
Administrative Law Human Rights Law Labour Law Procedural Law Issue Estoppel Abuse of Process Frivolous and Vexatious Complaints Judicial Review +2 more

Case Brief

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Parties

Bruce Tweten

Complainant

Canadian Human Rights Commission

Commission

RTL Robinson Enterprises Ltd.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling on Preliminary Motion (pre Inquiry)

Legal Issues

  1. 1 Whether issue estoppel bars the Tribunal from hearing the complaint
  2. 2 Whether the complaint is frivolous, vexatious or made in bad faith under s.41(1)(d) of the Canadian Human Rights Act
  3. 3 Whether the Tribunal may dismiss the complaint prior to holding an inquiry

Ratio Decidendi

The Tribunal dismissed the respondent's preliminary motion because issue estoppel did not apply (the Commission is not a privy and parties are not identical), the Tribunal cannot summarily dismiss a complaint as frivolous or in bad faith under s.41(1)(d) and the respondent failed to seek judicial review of the Commission's referral, and there was no abuse of process since the Labour Code adjudicator did not decide the discrimination or accommodation issues now before the Tribunal.

Court Disposition

Respondent's preliminary motion dismissed.

Orders

  • Respondent's preliminary motion is dismissed.
  • Proceed to inquiry under the Canadian Human Rights Act as the Tribunal is required to institute an inquiry once a complaint is referred.