Meeting #9: Round Up (Including Bullying)

Students 

1.      McLennon v. York University [2012] OHRTD 10

Can a student file a claim of racial discrimination against a fellow student?

2.      Zhang v University of Western Ontario [2012] OH No 5723

Can a student get expelled for bullying?

3.      Dr. Mike Condra on bullying

How can we recognize signs of bullying in the University?  How should we address it? 

 

Human Rights Complaint Resolution Processes

Baharloo v UBC [2011] BCHRTD 290

What questions does a Tribunal ask itself when considering whether a Senate Committee has dealt appropriately with a human rights-related case involving the expulsion of a student?    

Baker v. Brentwood College School [2011] BCHRTD No. 335

What questions does a Tribunal ask itself when considering whether a college has responded adequately to a student’s human rights complaint? 

 

Civil Actions

Jones v. Tsige [2012] ONCA 32 Docket C53577

How might the tort of “intrusion upon seclusion” be related to human rights?

Lobo v Carleton University [2012] ONSC 254

Under what conditions can students sue the University for failing to protect their human rights?

Apprehension of Bias

Said v. University of Ottawa [2011] ONSC  6179

What happens when the chair of a promotions committee is found to be biased against an applicant whom he previously found guilty of sexual harassment and tried (unsuccessfully) to dismiss?

Establishing Prima Facie Racial Discrimination

Peel Law Assn. v Pieters [2012] ONSC No 684

Is speculation enough to establish a nexus between differential treatment and racism? 

Ogunyankin v Queen’s University [2011] OHRTD No 1915

What kind of evidence does a professor have to provide in order to establish prima facie racial discrimination?

Couchie v Ontario (Ministry of Munipical Affairs and Housing) [2011] OHRTD 748

What happens when the employer treats two instructors differently based on the same negative evaluation?

Workplace Violence, Harassment and Domestic Violence

Adams v. Big Brother and Sisters of Cornwall and District and Amanda Brisson [2012 OHRTD No 394]

What three questions does a Tribunal ask when considering whether it should hear a workplace harassment claim?

  Miekle v. Mississauga Seating Systems [2012] OHRTD no. 148 (Interim Decision)

Can a complaint of workplace violence come within the ambit of the Human Rights Code?