Judicial review of decision of Canadian Human Rights Tribunal by wvd19904



  Judicial review of decision of Canadian Human Rights Tribunal dismissing applicant’s complaints of harassment and
discrimination based on disability (depression) against his former employer, Télébec Limitée—Applicant working for Télébec as
installer-repairman from 1988 to 1990, and as splicer from 1990 to December 6, 1995, when laid off along with more than 100
other employees of company—Shortly afterward, applicant offered another position at Télébec and on August 6, 1996, began
probationary period—After several days at work, applicant diagnosed as suffering serious depression—Applicant alleging
harassment by supervisor while on sick leave—Applicant returning to work and again laid off—In complaints and before
Tribunal, applicant arguing that this layoff based mainly on his disability, i.e. his depression—Tribunal dismissing
complaints—Applicant submitting that Tribunal committed several reviewable errors —Applicant not submitting any argument
to establish Tribunal erred in assessment of evidence in finding no harassment in course of employment as result of disability—
Tribunal’s fact- finding based on its assessment of evidence supported by evidence on record—Not patently unreasonable
—Court’s role on judicial review not to substitute own assessment of evidence for that of Tribunal—Tribunal not committing
any reviewable error by not addressing concept of perceived disability explicitly in its decision—Tribunal not imposing
excessive onus on applicant and not dismissing complaints because discrimination not decisive factor in sense suggested by
applicant and applied by Tribunal—Tribunal’s decision dismissing complaints reasonable and Tribunal not committing any error
warranting intervention by Court— Application dismissed.

    BERGERON V. TÉLÉBEC LTÉE (T-1150-04, 2005 FC 879, Gauthier J., order dated 21/6/05, 27 pp.)

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