Background

• Case Origin: Karen Weilgosh filed a discrimination complaint against her employer with the HRTO.
• Legal Context: Following the Supreme Court’s decision in "Northern Regional Health Authority v. Horrocks," the School Board challenged HRTO’s jurisdiction, claiming exclusive jurisdiction lay with labour arbitrators under the Labour Relations Act (LRA).

Legal Issues

1. Prematurity of Application: Whether the judicial review application was premature.
2. Standard of Review: Whether the appropriate standard was correctness or reasonableness.
3. HRTO Jurisdiction: Whether HRTO’s determination of concurrent jurisdiction was correct.

Key Points

• Concurrent Jurisdiction:
  • HRTO’s Decision: HRTO concluded that it had concurrent jurisdiction to hear human rights complaints.
  • Legislative Intent: HRTO found that the Ontario Human Rights Code (Code) and its legislative history indicated an intent for concurrent jurisdiction.
  • Supreme Court Precedent: HRTO applied the Supreme Court's two-part test from "Horrocks."
• Court’s Analysis:
  • Agreed that exclusive jurisdiction of labour arbitrators was displaced by concurrent jurisdiction through the Ontario Code’s deferral and dismissal provisions.
  • Historical amendments to the LRA and the Ontario Code demonstrated a shift from exclusive to concurrent jurisdiction, as interpreted in "Naraine."
• Correctness Standard: Applied, confirming HRTO’s interpretation aligned with legislative intent and jurisprudence.

Conclusion

• Application Dismissed: The judicial review application by the School Board was dismissed.
• Costs Awarded: $5,000 awarded to Karen Weilgosh.

This decision affirms HRTO's concurrent jurisdiction over human rights complaints in unionized workplaces, impacting future applications and clarifying legal boundaries between HRTO and labour arbitrators.