Le Tribunal canadien des droits de la personne rejette la plainte de Kenneth Molyneaux contre le National Arts Centre Corporation, concluant à l’absence de discrimination non justifiée.
The Tribunal dismissed Stacy White’s human rights complaint, finding she did not prove a disability with a functional limitation requiring her to avoid face-to-face contact with a co-worker.
The Tribunal granted the Safe Home-Safe Work Coalition interested person status in K.L.’s human rights complaint, but limited its participation to avoid duplication and delay.
Complainant failed to prove on a balance of probabilities that his 2016 heart attack was a factor in Loomis Express’s decision to terminate the business relationship; respondent provided credible, non-discriminatory business reasons (company-wide rate reductions, added cleaning duties, loss of trust after complainant’s letter, and evidence of warehouse problems including missing freight and a gun) and corroborated that replacements were temporary. Separately, on the s.25 analysis the relationship exhibited hallmarks of an independent contractor (no source deductions, business expense deductio…
The Court held the Board wrongly identified the service as services offered to disabled persons and improperly narrowed the inquiry; the correct service is social assistance generally under the provincial statutory scheme; the Board was correct that the three individual complainants were prima facie discriminated against by unnecessary retention in a locked psychiatric unit but erred by limiting temporal scope for MacLean and Livingstone (Court extended MacLean to 1998–2000 and Livingstone to include the Yarmouth placement); the Board erred in dismissing the DRC systemic complaint and a prima…
Federal Court dismissed Ms. O’Grady’s judicial review, holding the Tribunal reasonably found no prima facie disability discrimination arising from Bell’s restructuring and no procedural fairness breach.
Judicial review of a Canadian Human Rights Commission dismissal of a disability complaint was dismissed. The Court found no procedural unfairness and no unreasonable review decision.
The Court of Appeal quashed the union’s appeal, holding the arbitrator’s human rights analysis was intertwined with labour relations issues and outside s. 100 jurisdiction.
Employment relationship
Prima facie discrimination
Bona fide occupational requirement
Jurisdiction under labour relations code ss.99-101
The PSLREB unreasonably found a prima facie case of discrimination based solely on the inclusion of family-related and disability absences in NAMP group averages and individual absence totals because the Board failed to identify any adverse impact — an essential element of a prima facie case; correctness review applies to the legal test for family status, and the decision is set aside and remitted for redetermination.