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The Tribunal joined two human rights complaints by E.F. against Correctional Service Canada into one inquiry, finding common factual and legal issues and no sufficient prejudice.
The Commission and employer failed to prove on the balance of probabilities that the claimant’s conduct amounted to wilful misconduct causing her dismissal; evidence was contradictory, the employer did not provide probative corroboration or attend to clarify allegations, contemporaneous reporting was absent, the claimant was credible, and therefore disqualification under s.30(1) is not established.
Source excerpt
The court dismissed a Rule 30 application seeking a psychologist’s direct examination of a vulnerable adult, finding the supporting material inadequate and potential harm to the person.
The court declared Yuan-Hsi Kuo incapable and appointed his daughter Freiya Kuo as committee, finding that this best served his interests.
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