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Board of Governors of the Seneca College of Applied Arts and Technology v Bhadauria, [1981] 2 SCR 181 (Link)

Facts:

B applied to Seneca for work, but never received any response despite having all the qualifications. B sued Seneca for discrimination at common law rather than filing a complaint under the Ontario Human Rights Code.

Court of Appeal concluded that there is or should be a tort of discrimination: there was no authority has discounted a common law tort of discrimination; rights were not created by the Human Rights Code, they existed before the Code.

Before the case went to SCC, the law changed (Human Rights Code amended).

Issue(s):

Is there a common law tort of discrimination?

Ratio:

Discrimination is not a tort at common law.

Analysis:

The Court held that: no, the Human Rights Code deals with discrimination adequately. Legislation, in the form of the Human Rights Code, forecloses any possible tort of discrimination.

Holding:

Decision in favour of Seneca College.


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