HUMAN RIGHTS |
Price v. Concord Transportation Inc.
T-1010-01
2003 FC 946, Heneghan J.
1/8/03
19 pp.
Judicial review of CHRC decision not to deal with complaint filed by applicant against respondent-- Applicant, female owner of transport truck, filed complaint with Commission, alleging discrimination by respondent, trucking company, resulting from failure by respondent to employ applicant's junior driver because he was driving truck owned by woman--Alleged discriminatory act occurred in June 1997, but applicant did not contact Commission until October 1998--Commission decided not to further deal with complaint pursuant to Act, s. 41(1)(e) on basis of delay by applicant in filing complaint, prejudice resulting to respondent due to lack of documentation and possible impairment of witnesses' memories--Following Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, pragmatic and functional analysis determining appropriate standard of review herein standard of patent unreasonableness--No evidence on record that Commission acted in absence of good faith, without regard to procedural fairness or relied on improper or irrelevant considerations-- No requirement of cross-disclosure of one party's submissions to other before decision made--Here, where issue of timeliness apparent on face of applicant's complaint, Commission did not breach duty of procedural fairness by disclosing applicant's submissions on Investigation Report to respondent without providing applicant with respondent's reply--No basis for interfering with Commission's decision to decline further inquiry into applicant's complaint-- Decision not patently unreasonable--Application dismissed-- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 41(1)(e).