Case information
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37125
Anica Visic v. Human Rights Tribunal of Ontario, et al.
(Ontario) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-11-07 | Close file on Leave | |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M45930, dated June 10, 2016, is dismissed with costs to the University of Windsor in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2016-10-11 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-09-16 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-09-16, (Electronic version filed on 2016-09-16) | Anica Visic |
| 2016-09-07 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-09-07, (Printed version filed on 2016-09-07) | University of Windsor |
| 2016-08-31 | Certificate (on limitations to public access), (Letter Form), updated certificate received 2016/09/09, (Printed version filed on 2016-08-31) | Anica Visic |
| 2016-08-29 | Respondent's response on the application for leave to appeal, (Letter Form), joint with 37126 and 37127, Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Human Rights Tribunal of Ontario |
| 2016-08-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/08/10 | |
| 2016-08-09 | Application for leave to appeal, (Book Form), redacted copies rec'd 2016/10/13, Completed on: 2016-09-01, (Electronic version filed on 2016-08-16) | Anica Visic |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Visic, Anica | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Human Rights Tribunal of Ontario | Respondent | Active |
| University of Windsor | Respondent | Active |
Counsel
Party: Visic, Anica
Counsel
Suite 814
Richmond Hill, Ontario
L4C 1T4
Telephone: (416) 977-8871
FAX: (905) 787-1073
Email: davidcousins@bellnet.ca
Party: Human Rights Tribunal of Ontario
Counsel
Legal Services
595 Bay Street, Suite 1002
Toronto, Ontario
M7A 2C7
Telephone: (416) 212-8009
FAX: (416) 212-8024
Email: margaret.leighton@ontario.ca
Party: University of Windsor
Counsel
455 Pelissier Street
Windsor, Ontario
N9A 6Z9
Telephone: (519) 255-4346
FAX: (519) 255-4360
Email: mwills@mctaguelaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Human rights – Discrimination – What constitutes “making an application” under s. 34(1) of the Human Rights Code regarding “infringements” of rights for the purpose of s. 34(11) of the Code – What constitutes a “single breach” and a “series of incidents” within the meaning of s. 34(1) of the Human Rights Code – Human Rights Code, R.S.O. 1990, c. H.19.
The Applicant, Ms. Visic entered first year law school at the University of Windsor in September 1999. She did not have a successful year academically. In June 2000, the Associate Dean at the University advised her that she was required to discontinue the study of law at the University because she had failed two courses and had not achieved a passing cumulative average. Ms. Visic successfully appealed this decision to the Academic Status Committee and was re-admitted to year one of Law School, based on medical grounds. Ms. Visic deferred that acceptance, but re-entered first year law school in September 2002. She completed her three years and graduated in 2005 with an LL.B. When Ms. Visic learned that the 1999/2000 would be included in her official transcript, she made several attempts to persuade the University officials to remove the 1999/2000 year from her official transcript or to have the grades be shown as voluntary withdrawals. The University refused. Ms. Visic believes that the University’s insistence on including her failed year on her official transcript is discriminatory. The University’s position on this issue has led to considerable litigation and numerous human rights proceedings brought by Ms. Visic, including three judicial review applications before the Divisional Court.
In the decision under review in this application, the Adjudicator dismissed Ms. Visic’s complaint of discrimination against the University based on s. 34(11) of the Human Rights Code because she had also commenced a civil action against the University with respect to the same matter and s. 34(1) of the Code based on the fact that her complaint was filed more than one year after the incident to which the complaint relates. Ms. Visic’s application for judicial review and the subsequent motion for leave to appeal were also dismissed.
Lower court rulings
Human Rights Tribunal of Ontario
T-0923-08, 2010 HRTO 2196
Application alleging discrimination dismissed
Divisional Court of Ontario
234/12, 2015 ONSC 7162
Application for judicial review dismissed
Court of Appeal for Ontario
M45930
Motion for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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