Lukian v. Canadian National Railway Co.
T-641-93
Jerome A.C.J.
2/5/94
5 pp.
Application for order of certiorari quashing Canadian Human Rights Commission's (CHRC) decision -- Plaintiff worked as gang labourer at Canadian National Railway (CNR); in 1988, injured knee at work and applied later for light duties position -- CNR refused on basis problem with knee and continuing obesity disqualified plaintiff from doing full-time labour -- Plaintiff filed complaint with CHRC claiming discrimination on ground of disability, contrary to Canadian Human Rights Act, s. 7 -- Investigation of plaintiff's complaint made in accordance with Act, s. 43(1) -- Defendant requested Commission to conduct further investigation -- When complaint considered by Commission, material included investigation report of second investigator and plaintiff's response but not including first investigation report -- Defendant maintaining second investigation conducted was continuation of first one commenced -- First investigation not incomplete and second investigation not continuation -- First investigator's report and plaintiff's submissions were germane to question which Commission had to decide, not entitled to render its decision without having regard to them -- Application granted -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 43(1) (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 63) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).