Digests

Human Rights

Judicial review of Canadian Human Rights Tribunal’s decision (2009 CHRT 1) dismissing last three of applicant’s complaints, finding delay in hearing of complaints significantly impairing ability of National Research Council (NRC) to provide full answer, defence to allegations against it—Applicant, research scientist of East Indian origin, employed by NRC from 1981 to 2007, alleging discrimination by employer—Whether Tribunal erring in law by failing to consider significant history between parties, previous findings of discrimination—Context not to be taken into account when determining whether delay impairing party’s ability to answer complaint against it—When prejudice of sufficient magnitude to impact on fairness of hearing established, no need to assess causes of delay—In context of allegation of abuse of process, where issue whether proceedings unfair to point they are contrary to interests of justice, no doubt essential to look at conduct of parties—But when focusing on fairness of hearing, as in case herein, no such need to look beyond party’s ability to answer case against it—Tribunal’s finding delay in hearing of complaints significantly impairing NRC’s ability to provide full answer, defence unassailable, reasonable on basis of record before it—Application dismissed.

Grover v. Canada (Attorney General) (T-174-09, 2010 FC 320, de Montigny J., judgment dated March 19, 2010, 28 pp.)