Lee v. McGhee
Lee v. McGhee: Human Rights Appeal Quashed
Summary
This is an appeal from a dismissal of a claim alleging discrimination under the Ontario Human Rights Code. The respondent moved to quash the appeal under section 134(3) of the Courts of Justice Act, arguing it was manifestly devoid of merit. The Court of Appeal declined to quash the appeal, holding that such motions require full argument, while simultaneously upholding the dismissal of the underlying claim for disclosing no cause of action.
Outcome
appeal declined to be quashed; underlying claim dismissed
Key Factors
- Ontario Human Rights Code
- Motion to quash appeal
- Section 134(3) Courts of Justice Act
- Discrimination
- No cause of action
Related Cases
Scuric v. Toronto Transit Commission
2026 ONSC 4170 (CanLII) · 2026-07-29Human Rights: Mask Policy & Disability Accommodation
This case involves a human rights complaint alleging discrimination based on disability where the plaintiff claimed a migraine disorder required accommodation from a mandatory mask policy. The court found that no prima facie discrimination was established because the link between the migraine and mask intolerance was not proven, resulting in no duty to accommodate. Additionally, the plaintiff's constructive dismissal claim was dismissed as the refusal to comply with the essential masking term constituted repudiation by the employee, though the court awarded one week of sick leave for a promised coded sick week.
Ontario Public Service Employees Union et al. v. The Crown in Right of Ontario
2026 ONSC 1010 (CanLII) · 2026-02-25Charter Challenge: Freedom of Association in Public Sector
This is a merits decision regarding a Charter challenge to the government's cancellation of a Task Force via Order in Council. The court applied the test from Health Services and Mounted Police to determine if there was substantial interference with freedom of association and collective bargaining rights. The application was dismissed as the government was not responsible for the inability to exercise associational rights, and the Task Force Letter of Understanding did not bind the Government.
Maule v. IBM Canada Ltd.
2025 ONSC 3860 (CanLII) · 2025-06-30Systemic Age Discrimination: Motion to Strike Pleadings
This is an interlocutory motion to strike pleadings in a wrongful dismissal and human rights action against IBM Canada Ltd. The central issue was whether allegations of systemic age discrimination against executive-level employees and references to the termination of other employees were relevant, provable, or constituted an abuse of process. The court applied Rule 25.11 of the Rules of Civil Procedure to determine if these pleadings should be struck for being overly broad or irrelevant.
Pandher v. University of Windsor et al
2025 ONSC 168 (CanLII) · 2025-01-20Pandher v. University of Windsor: HR Claims in Civil Action
This is a civil procedure motion regarding a plaintiff's request to amend a Statement of Claim to include human rights claims and add new defendants after the Human Rights Tribunal of Ontario (HRTO) dismissed related applications. The court addressed whether the amendments introduced new causes of action, whether claims against new defendants were statute-barred by limitation periods, and costs associated with an abandoned injunction motion.
Evangelisti v. Canadian Broadcasting Corporation
2024 ONCA 903 (CanLII) · 2024-12-12Evangelisti v CBC: Appeal Dismissed on Bias and Charter Claims
An appeal from an urgent application where the appellant alleged procedural unfairness and bias by the application judge, who had dismissed the appellant's Charter claims and refused cross-examination. The Court of Appeal dismissed the appeal, finding no error in the application judge's exercise of case management powers or in the dismissal of the Charter claims.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.