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).
Is there a common law tort of discrimination?
Discrimination is not a tort at common law.
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.
Decision in favour of Seneca College.