HRTO Accepts Internal Report

The HRTO decision of Newton v Toronto (Hart) involved a complaint of sexually poisoned work force, which was, for the most part, upheld by the internal investigator. The case was unusual, however, as the applicant did not dispute the findings in the report. In this circumstance, the Tribunal proceeded directly to remedy:

The first issue is whether the applicant experienced a sexually poisoned work environment.  I noted that I had been provided with a copy of the City’s Investigation Report which found that most, but not all, of the applicant’s allegations were substantiated and assured the parties that I had reviewed this document in detail.  I also noted that I was aware that the applicant had been afforded an opportunity to respond to a draft of this report before it was finalized, and that I had seen the applicant’s response which did not dispute the investigation findings.

[8]               In light of this, I expressed the view that I did not need to hear evidence regarding the sexually poisoned work environment.  I proposed to rely upon the investigation findings, and advised the parties they would be free to make submissions to me regarding the legal consequences that flow from those findings.

This is similar to the practice in civil cases to rely upon an agreed statement of fact.