Finney v. Transport Canada

Finney v. Transport Canada

The Tribunal dismissed the Complaint because the Complainant and the Commission did not call any evidence to substantiate the Complaint, and therefore the Complaint was not substantiated; dismissal was ordered pursuant to subsection 53(1) of the Canadian Human Rights Act.

Citation
2009 CHRT 38
Parties
Complainant: Derick Craig Finney; Commission: Canadian Human Rights Commission; Respondent: Transport Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 December 2009
Procedural Posture
Canadian Human Rights Complaint / Hearing Concluded; Oral Decision Rendered
Outcome
Complaint dismissed
Legal Topics
Discrimination, Burden of Proof, Dismissal for Failure to Call Evidence, Substantiation of Complaint
Source Language
English
Human Rights Administrative Law Discrimination Burden of Proof Dismissal for Failure to Call Evidence Substantiation of Complaint

Case Brief

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Parties

Derick Craig Finney

Complainant

Canadian Human Rights Commission

Commission

Transport Canada

Respondent

Procedural Posture

Canadian Human Rights Complaint / Hearing Concluded; Oral Decision Rendered

Legal Issues

  1. 1 Whether the Complaint was substantiated by evidence
  2. 2 Whether the Tribunal should dismiss the Complaint under subsection 53(1) of the Canadian Human Rights Act due to absence of evidence

Ratio Decidendi

The Tribunal dismissed the Complaint because the Complainant and the Commission did not call any evidence to substantiate the Complaint, and therefore the Complaint was not substantiated; dismissal was ordered pursuant to subsection 53(1) of the Canadian Human Rights Act.

Court Disposition

Complaint dismissed

Orders

  • Complaint dismissed pursuant to subsection 53(1) of the Canadian Human Rights Act