Owen v. Canada ( Attorney General )
T-3025-94
McKeown J.
13/12/95
10 pp.
Judicial review of CHRC decision dismissing complaint against Department of National Revenue-Issue whether Department making sufficient efforts to accommodate applicant to point of undue hardship-Legally blind applicant, hired by Department as collection officer, applying for position of collection enforcement officer-Applicant previously holding like position in different city on interim basis-Position requiring driver's licence; applicant without licence-Applicant initially offered job but offer subsequently withdrawn due to lack of licence-Investigator appointed by Commission recommending applicant's complaint be dismissed-Act conferring upon Commission discretion to decide whether to pursue or dismiss complaint-Reviewing court should not intervene so long as Commission exercising discretionary power in reasonably good faith without reference to irrelevant or extraneous considerations, and neither arbitrarily nor unlawfully-With respect to undue hardship, investigator reviewing financial costs, problems of morale of other employees and facilities-Applicant submitting evidence revealed by investigation inadequate-Sufficient evidence for investigator to reasonably conclude no accommodation without undue hardship possible-Reasonably open to Commission to conclude Department could take no reasonable steps to accommodate applicant short of undue hardship-Application dismissed.