Khorsand v. Toronto Police Services Board
Khorsand v. Toronto Police Services Board: Judicial Review of Hiring
Summary
This is a judicial review application concerning a pre-screening decision made by the Toronto Police Services Board during its hiring process. The applicant challenged the decision on grounds of procedural fairness and systemic discrimination, arguing that the denial of reasons for failing the background check violated their rights. The Court of Appeal determined that the pre-screening decision was private in character and did not involve sufficient public law concerns to attract judicial review, thereby dismissing the application.
Outcome
judicial review dismissed
Key Factors
- judicial review
- pre-screening decision
- procedural fairness
- public character of decisions
- hiring process
Related Cases
Haytham Elzayat v. Rogers Communication
2026 ONCA 111 (CanLII) · 2026-02-13Discrimination Tort Claim Struck: Appeal Dismissed
This is an appeal from a motion to strike a claim for common law discrimination brought by an employee against a federally regulated employer. The Court of Appeal dismissed the appeal, upholding the lower court's decision that the claim was struck because the Canadian Human Rights Act provides the exclusive remedy for discrimination in federally regulated workplaces, relying on Seneca College v. Bhadauria. The court also upheld the limitation defence and dismissed the motion to admit fresh evidence.
Tenn-Lyn v. Trillium Health Partners et al
2026 ONSC 795 (CanLII) · 2026-02-10Abuse of Process: Physician Privileging Dismissal
This is a procedural motion ruling where the court dismissed a civil action brought by a physician against a health partner. The court found the action constituted an abuse of process because it sought to relitigate factual findings already determined by the HPARB and Divisional Court regarding the physician's reappointment and privileging. The court applied principles of judicial economy and finality, rejecting arguments for fresh evidence or independent discrimination claims.
Mittal v. Department of National Defence
2025 ONSC 7256 (CanLII) · 2025-12-30Mittal v. DND: FPSLRA Bar on Harassment Claims
This is a procedural motion ruling in a wrongful dismissal and harassment case brought by a federal public sector employee against the Department of National Defence. The court addressed whether negligence and harassment claims were barred by the statutory grievance regime under the FPSLRA, characterizing them as employment disputes precluded from court action. Additionally, the court struck the plaintiff's claim for malicious prosecution due to insufficient pleadings and refused leave to amend.
Givogue v Desaulnier
2025 CanLII 150071 (ON SCSM) · 2025-12-19Federal Public Service: Civil Action Barred by FPSLRA
This is a procedural ruling on a motion to strike a civil action brought by a federal public service employee. The court determined that the Federal Public Service Labour Relations Act (FPSLRA) provides an exclusive grievance regime, thereby barring civil suits for disputes relating to terms and conditions of employment, including allegations of intentional torts and Charter breaches. The claim was struck without leave to amend, and costs were awarded.
Costa v Edward Jones Investments
2025 ONSC 6699 (CanLII) · 2025-11-18Workplace Harassment Discovery Motion
This is an interlocutory motion concerning discovery in a wrongful dismissal and workplace harassment case. The plaintiff sought to compel the defendant to answer undertakings and produce documents related to succession planning, employment files, and conflict of interest investigations, while also requesting a further examination of the defendant. The court considered the proportionality and relevance of these requests under the governing law on refusals motions.
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.