Burman v. Ontario (Human Rights Comm.)
Human Rights Commission Dismissal Review: Judicial Review of s. 34(1) Decision
Summary
A judicial review case concerning the Ontario Human Rights Commission’s decision to dismiss a complaint under s. 34(1) of the Ontario Human Rights Code. The applicant challenged the decision, arguing it was patently unreasonable, while the Commission found the complaint could be more appropriately dealt with under the Education Act. The court applied the standard of review for patent unreasonableness and interpreted the discretionary powers under s. 34(1).
Outcome
The Commission’s decision was found to be a proper exercise of discretion.
Key Factors
- human rights code
- judicial review
- discretionary powers
- patent unreasonableness
- s. 34(1) interpretation
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