Hopps v. Shadow Lines Transportation Group

Hopps v. Shadow Lines Transportation Group

Tribunal found on the balance of probabilities that the complainant suffered short‑term situational anxiety rather than a disability under the CHRA, and that the respondent’s decision to terminate was based on documented performance concerns made before the complainant’s medical leave; therefore disability was not a factor and the complaint is dismissed.

Citation
2020 CHRT 14
Parties
Complainant: Jamieson Hopps; Commission: Canadian Human Rights Commission; Respondent: Shadow Lines Transportation Group
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
22 April 2020
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act Concerning Termination for Disability / Final Decision (adjudication)
Outcome
Complaint dismissed; no discrimination found under section 7 of the Canadian Human Rights Act.
Legal Topics
Discrimination, Duty to Inquire / Duty to Accommodate, Termination, Burden of Proof, Medical Leave
Source Language
English
Human Rights Employment Law Disability Law Administrative Law Discrimination Duty to Inquire / Duty to Accommodate Termination Burden of Proof +1 more

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Parties

Jamieson Hopps

Complainant

Canadian Human Rights Commission

Commission

Shadow Lines Transportation Group

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act Concerning Termination for Disability / Final Decision (adjudication)

Legal Issues

  1. 1 Whether the complainant had a disability at the time of termination
  2. 2 Whether the complainant's alleged disability was a factor in the termination
  3. 3 Whether the respondent had a duty to inquire about or accommodate the complainant's alleged disability

Ratio Decidendi

Tribunal found on the balance of probabilities that the complainant suffered short‑term situational anxiety rather than a disability under the CHRA, and that the respondent’s decision to terminate was based on documented performance concerns made before the complainant’s medical leave; therefore disability was not a factor and the complaint is dismissed.

Court Disposition

Complaint dismissed; no discrimination found under section 7 of the Canadian Human Rights Act.