Athwal v. Canadian Imperial Bank of Commerce
T-1478-98
Reed J.
9/7/99
34 pp.
Application for judicial review of decision of Canadian Human Rights Commission dismissing applicant's complaint of discrimination against employer Canadian Imperial Bank of Commerce (CIBC) because of race-Applicant arguing Commission estopped from making some of findings it made by reason of decision of Board of Referees on same factual issues-In decision dated August 18, 1995, Board of Referees finding serious antagonistic relationship between manager, appellant-Applicant's argument decision operated as estoppel preventing Commission from finding no harassment, differential treatment, forced resignation of applicant by CIBC-Relevant tests for issue estoppel: (1) same question has been decided; (2) judicial decision said to create estoppel final; (3) parties to judicial decision or privies same persons as parties to proceedings in which estoppel raised or privies-CIBC not party before Board of Referees-Board of Referees not deciding there had been harassment, differential treatment, forced resignation-Concluding rather serious antagonistic relationship between applicant, manager constituting danger to applicant's health, giving her no reasonable alternative but to leave employment-Commission's decision referring to antagonistic relationship but not because of race-Board of Referees' decision not creating issue estoppel in so far as Commission, CIBC concerned-Neither party to procedure leading to Board's decision-Application dismissed.