Canadian Broadcasting Corp. v. Graham
T-2297-96
Pinard J.
10/6/99
9 pp.
Application for judicial review of Canadian Human Rights Commission decision to extend time for bringing of respondent's complaints against applicant CBC-Respondent complained of discrimination in respect of her wages on ground of sex and of discrimination practice or policy against women in respect of wages of female camera operators on ground of sex-In both cases, date of alleged conduct December 15, 1993-Complaint filed February 19, 1996-Application dismissed-Decisions under Human Rights Act, s. 41(e) (authorizing Commission to deal with complaints based on acts having occurred more than one year before receipt of complaint) discretionary administrative decisions which courts will not readily set aside where discretion exercised in good faith, in accord with principles of natural justice and procedural fairness, and where reliance has not been placed on irrelevant or extraneous considerations: Cape Breton Development Corp. v. Hynes, [1999] 2 F.C. D-68 (T.D.)-Moreover, Court ought not to interfere with Commission's exercise of discretion under s. 41(e) unless satisfied exercise patently unreasonable-Sufficient herein for Commission to provide CBC with copies of ss. 40, 41 analysis, dealing with timeliness issue, and to give CBC opportunity to send written comments before decision on question-No requirement in Act to allow CBC to make representations prior to ss. 40, 41 analysis and, furthermore, CBC adduced no evidence of real prejudice-No procedural unfairness vis-à-vis CBC-No evidence of bias on part of Commission-Allegations in report sufficiently serious to prevent Court from concluding not reasonable for Commission to exercise discretion as it did-Human Rights Act, R.S.C., 1985, c. H-6, ss. 40, 41(e).