Ontario Civil


Administrative Law

Requirements of Natural Justice

Bias

Tribunal not unreasonable in dismissing appeal based on failure to attend

Applicant was former instructor at respondent university. Instructor claimed that she was not properly accommodated during her employment at university. Instructor also claimed harassment by one of her supervisors. Instructor filed internal complaint against university, but was not successful. Instructor filed three separate proceedings after dismissal of complaint. One proceeding was under Labour Relations Act, another was application for judicial review, and third was application against university and arbitrator. All proceedings were dismissed as against instructor, with costs. Appeal hearing was scheduled at Human Rights Tribunal in 2015. Instructor claimed that she would not attend hearing, due to medical condition and allegations of bias. Hearing proceeded in instructor’s absence, with appeal being dismissed. Reconsideration application of this decision was also dismissed. Instructor applied for judicial review of tribunal decisions. Application dismissed. Allegations of bias were completely unfounded. Allegations were made against all decision-makers, without any supporting evidence. Reconsideration decision being made by same person as original decision was proper procedure. No bias was present in reconsideration process. Tribunal was not unreasonable in dismissing appeal, based on failure to attend. Tribunal was acting within its own established rules and procedures when it dismissed appeal. Court would have acted in similar way to dismiss action, had matter been before court.

Taucar v. Ontario (Human Rights Tribunal) (2017), 2017 CarswellOnt 6295, 2017 ONSC 2604, Anne Molloy J., C.J. Horkins J., and J. Paul R. Howard J. (Ont. Div. Ct.).

 

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