Pandher v. University of Windsor et al
GURUPDESH PANDHER
UNIVERSITY OF WINDSOR
Law Firm / Organization
WeirFoulds LLP
ALAN WILDEMAN
Law Firm / Organization
WeirFoulds LLP
DOUGLAS KNEALE
Law Firm / Organization
WeirFoulds LLP
MITCHELL FIELDS
Law Firm / Organization
WeirFoulds LLP

Background

  • Plaintiff applied for a Dean position in 2016, was unsuccessful, and alleges discrimination, harassment, and retaliation, including suspension (March 2018 – May 2019).
  • Lawsuit filed June 28, 2018, seeking $4.5 million for harassment, defamation, breach of contract, and other claims.
  • Gurupdesh Pandher (Plaintiff) also filed three HRTO applications (2017, 2019, 2022) alleging racial discrimination; all were dismissed in January 2024 due to duplication with this civil action.

Court’s Rulings

  1. Amendment to Statement of Claim

    • Plaintiff sought to add human rights claims from HRTO cases to this lawsuit.
    • Defendants initially argued before HRTO that the civil action was the proper forum but later opposed the amendments.
    • Court ruled that no new causes of action were introduced, only new remedies arising from the same facts.
    • Amendment granted, but plaintiff cannot add new defendants (claims against them are time-barred).
  2. Costs for Abandoned Injunction Motion

    • Plaintiff abandoned a scheduled injunction motion on its filing deadline after defendants had prepared.
    • Court ruled costs were wasted and awarded $3,000 to the defendants.
  3. Document Production

    • Adjourned pending finalization of the revised Statement of Claim (due in 30 days).

Successful Party: Neither side achieved a clear victory.

  • The plaintiff succeeded in amending his Statement of Claim to include human rights claims.
  • The defendant succeeded in blocking the addition of new defendants and won costs related to the abandoned injunction motion.
Superior Court of Justice - Ontario
CV-19-28370
Labour & Employment Law
$ 3,000