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
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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).
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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.
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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.
