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PAGE 2 NEWS July 11, 2011 • law Times Human rights process flawed: victim Woman in high-profile matter now back at HRTO to enforce award BY SHANNON KARI For Law Times of an adjudicator's decision in a high-profi le case that was one of the longest hearings ever be- fore the Human Rights Tribu- nal of Ontario. Th e tribunal awarded com- T mercial real estate agent Kath- rine Farris $30,000 in damages this spring after it found her for- mer employer, Staubach Ontario Inc., to have engaged in sexual discrimination and created a poi- soned work environment. In a decision issued more than 19 months after fi nal he Ontario Human Rights Commission is seeking reconsideration arguments concluded at the tribunal, adjudicator Kath- leen Martin declined to award damages against any of the in- dividual defendants. Martin noted that along with four of the named defendants, there were other former employ- ees who were involved in creating the poisoned work environment. "In parsing out what occurred, it becomes diffi cult to ascertain the role that each agent played such that the centrality of each agent's role can be determined in a man- ner that makes sense and would support an order fi nding the indi- vidual liable for damages," Martin wrote in her May 20 ruling. Staubach Ontario is a de- funct company. But in ordering damages only against the cor- porate defendant, Martin noted the evidence was that the com- pany was "not operational" and not that it was bankrupt. (Th e case didn't have the Staubach Co., the former U.S. parent of Staubach Ontario, as a named defendant.) Th e request for reconsid- eration, fi led last month by the human rights commission, asks Martin to reverse her fi nding that the four individuals aren't liable for damages. (A fi fth defendant was found not to have breached the Human Rights Code.) "Th e tribunal's conclusions that these four individuals are not jointly and severally liable along with Staubach Ontario Green light for Lakehead BY HEATHER GARDINER Law Times L akehead University is set to open the fi rst law school in northern Ontario. On July 5, the provincial government announced it would be giving Lakehead $1.5 million to revamp an old high school the uni- versity acquired for the new law faculty as well as $800,000 a year in operating funds. Having a law school in Th under Bay, Ont., means students will no longer need to travel south to get their legal education, says John Milloy, mi- nister of training, colleges and universities. Milloy notes Lakehead's law school will try to address concerns from lawyers that there aren't enough articling students in the north. Th e school's emphasis on aboriginal education was another fac- tor in granting the government's approval, accor- ding to Milloy. Lakehead put in its proposal several years ago, but the Ontario government enacted a morato- rium on new faculties in 2008. Th e moratorium has since been lifted. Th e Lakehead program is expected to have an enrolment of 55 students in its fi rst year. Th e law school is scheduled to open in Sept- ember 2013. Inc. for the damages awarded by the tribunal is in confl ict with established jurisprudence," An- thony Griffi n, a lawyer for the commission, argues in a sub- mission. "Th e fact that a cor- porate respondent may also be jointly and severally liable for the conduct of its employee is not a basis to insulate the em- ployee from personal liability if that employee's conduct was a breach of the code." Th e request for reconsid- eration is the latest chapter in a very slow-moving legal odyssey for Farris. She initially fi led her complaint with the commis- sion in December 2003, a few months after her termination by Staubach Ontario. Th e hearing before Martin began in May 2007 and includ- ed 58 days of evidence before fi - nal arguments in October 2009. Martin heard evidence that co- workers spread false rumours that she was sleeping with a man- ager. Some of the male agents would refer to her as a "bitch," "psycho" or "HSC," which stood for "hateful, stupid, c--t." Eight years after she fi led the complaint, Farris says she now has to proceed on her own to try to enforce the order and is unlikely to receive the $30,000. "Th ere are no assets in the holding company," says Farris. At the same time, the Human Rights Legal Support Centre, which provides legal assistance to complainants, has declined to help Farris with ob- taining an enforcement order. As well, there was never an adequate explanation for the 19-month delay in issuing a deci- sion, says Farris. "Th is redefi ned the concept of justice delayed is justice denied," she argues. Arie Gaertner of Miller Canfi eld Paddock and Stone LLP in Toronto represented the corporate and individual defendants. He notes Martin knew about Staubach Ontario's status. "Th e adjudicator was aware of this when she made her fi ndings," he says. But while the adjudicator's evidentiary conclusions, ac- cording to Farris, "were vin- dication on so many levels," she says the process makes her wonder "whether people should rely on the human rights tribu- nal to protect their interests." Jim Cowan, a spokesman for the tribunal, says it acknowledg- es the Farris case took too long to resolve. "We recognize that the timely release of decisions is an important part of [the tribu- nal's] responsibility in fulfi lling its mandate," says Cowan. He adds that a process is in place that requires adjudicators to re- port regularly about the status of outstanding decisions. The best fit for success. 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