Lee v. Canada ( Human Rights Commission )
T-483-95
Muldoon J.
13/5/96
18 pp.
Application for judicial review of CHRC Review Tribunal's dismissal of applicant's appeal-Applicant longshoreman terminated for alleged lack of productivity, and for hazardous performance of various duties due to lack of coordination-Applicant complaining to CHRC discharge constituted discrimination on basis of physical handicap contrary to CHRA, s. 7(a)-Second review not owing tribunal absolute deference to either of two previous tribunals but where no palpable and overriding error, will not intervene-That tribunal not considering revoked Bona Fide Occupational Requirements Guidelines not reviewable error-Would have committed error of law if had applied defunct guidelines' "significantly greater" hazard's criterion-Determination of applicant's abilities to perform duties can be based on lay witness evidence, especially one experienced in relevant duties or job-Application dismissed-Canadian Human Rights Act, S.C. 1976-77, c. 33, s. 7(a).