Case information

Human Rights — Discriminatory practices — Administrative law — Estoppel — Whether term “employment” in Canadian Human Rights Act includes individuals under contracts for services who, despite personally performing the services, can hire other workers such as during vacation or illness — Whether adjudicator may consider control factors in analysis of whether contract for services meets the definition of “employment” — Whether adjudicator, having concluded that issue estoppel does not apply but still relying on a prior decision, is precluded from making findings of fact on key issues or whether they must reconcile contradictory evidence — Canadian Human Rights Act, R.S.C. 1985, c. H-6, s. 25.

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Mr. Fick provided transportation services to 6589856 Canada Inc. (operating as Loomis Express) under the trade name WB Enterprises. Loomis Express terminated the relationship. Mr. Fick filed a complaint to the Canadian Human Rights Commission alleging discrimination on the basis of age and disability. The Canadian Human Rights Tribunal dismissed the complaint. The Federal Court dismissed an application for judicial review. The Federal Court of Appeal dismissed an appeal by the Canadian Human Rights Commission raising a finding by the Tribunal that the parties were not in an employment relationship.