Case information

Administrative law — Judicial review — Procedural fairness — Standard of review — Human Rights — Discriminatory practices — Whether the Human Rights Tribunal’s decisions were reasonable — Whether there was a breach of procedural fairness — Whether the lower courts erred in reviewing the decisions of the Human Rights Tribunal — Whether the lower courts erred in applying the legal principles.

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.

Mr. Noble filed a complaint with the Human Rights Tribunal of Ontario (Tribunal) following an altercation with an employee at a Carter’s Oshkosh store in Toronto (which is owned and operated by The Genuine Canadian Corp.). Mr. Noble claimed he was discriminated on the basis of his race and colour. The Tribunal dismissed Mr. Noble’s application (“the merits decision”). The Tribunal concluded that Mr. Noble had not established on the balance of probabilities, that his race and colour were factors in the respondent’s conduct towards him. The reconsideration decision was also dismissed. The application for judicial review of the merits and reconsideration decisions were dismissed. The Court of Appeal dismissed the motion for leave to appeal.