Roberts v. Canada Post Corporation, docket A-351-96

Date: 19971110

Docket: A-351-96

CORAM:      STRAYER J.A.

     LINDEN J.A.

     McDONALD J.A.

BETWEEN:

     LINTON ROBERTS

     Appellant

     " and "

     CANADA POST CORPORATION

     Respondent

Heard at Toronto, Ontario, on Friday, October 24, 1997

Judgment delivered from the Bench in Toronto, Ontario on October 24, 1997

REASONS FOR JUDGMENT BY:      STRAYER J.A.

Date: 19971110

Docket: A-351-96

CORAM:      STRAYER J.A.

     LINDEN J.A.

     McDONALD J.A.

BETWEEN:

     LINTON ROBERTS

     Appellant

     " and "

     CANADA POST CORPORATION

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Toronto,

     Ontario on October 24, 1997)

STRAYER J.A.

[1]      We have concluded that the learned trial judge did not err in refusing to set aside the decision of the Canadian Human Rights Commission not to appoint a Tribunal to consider the appellant's complaints of discrimination.

[2]      In making its decision the Commission had before it the reports of its investigator together with the appellant's lengthy written submission commenting on and objecting to various statements in those reports. It was the duty of the Commission to consider all this material in determining whether an inquiry before a Tribunal would be warranted. We have no reason to think that the Commission did not consider all this material including the appellant's representations. The appellant asserted before us that there were certain errors in the investigator's reports and he also had drawn most of these errors to the attention of the Commission. We do not consider any of these errors to be substantive or a basis for setting aside the decision of the Commission. In exercising its jurisdiction to decide whether a Tribunal should be appointed "having regard to all circumstances"¹ the Commission can take into account many factors, including the quality of possible evidence, and it has a wide discretion with which a court should not lightly interfere. The trial judge correctly declined to intervene.

[3]      The appeal is therefore dismissed but without costs.

     (s) "B.L. Strayer"

                                 J.A.

__________________

1      Canadian Human Rights Act, R.S.C. 1985 c. H-6, para. 44(3)(b).