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HUMAN RIGHTS

Judicial review of decision of Canadian Human Rights Tribunal dismissing applicants complaints of harassment and discrimination based on disability (depression) against his former employer, Télébec LimitéeApplicant 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 companyShortly afterward, applicant offered another position at Télébec and on August 6, 1996, began probationary periodAfter several days at work, applicant diagnosed as suffering serious depressionApplicant alleging harassment by supervisor while on sick leaveApplicant returning to work and again laid offIn complaints and before Tribunal, applicant arguing that this layoff based mainly on his disability, i.e. his depressionTribunal dismissing complaintsApplicant 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 Tribunals fact‑ finding based on its assessment of evidence supported by evidence on recordNot patently unreasonable Courts role on judicial review not to substitute own assessment of evidence for that of TribunalTribunal not committing any reviewable error by not addressing concept of perceived disability explicitly in its decisionTribunal not imposing excessive onus on applicant and not dismissing complaints because discrimination not decisive factor in sense suggested by applicant and applied by TribunalTribunals 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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