A number of bloggers, as we did ourselves, opined that when the Lemire case makes it to the Supreme Court, the financial penalty part would be dropped but that Sec. 13 of the Human Rights Act would be itself found to be constitutional. While we can't be certain how the Court will finally rule when presented with the Lemire case, this recent decision appears to reinforce this belief:
Posted Date: October 28, 2011
In a case involving a sexual harassment complaint, the Supreme Court of Canada has ruled that the Canadian Human Rights Tribunal does not have the authority to award legal costs.
Human rights tribunal can’t award costs: SCC
Written by Heather GardinerPosted Date: October 28, 2011
In a case involving a sexual harassment complaint, the Supreme Court of Canada has ruled that the Canadian Human Rights Tribunal does not have the authority to award legal costs.









