View cases - Stewart McKelvey

I. INTRODUCTION[1] This is an employment discrimination case on the basis of sections 7 and 10 of theCanadian Human Rights Act (the “CHRA”). Denise Seeley (the “Complainant”) filed a complaintalleging that the Respondent, the Canadian National Railway (“CN”) has discriminated againsther on the basis of her family status by failing to accommodate her and by terminating heremployment.[2] CN denies the complainant’s allegations.2010 CHRT 23 (CanLII)[3] All the parties, including the Canadian Human Rights Commission (“CHRC”), werepresent at the hearing and were represented by counsel.[4] There are two other related complaints against CN. By agreement of the parties, these twoother matters were treated in a separate hearing and will be decided separately. Although the factsin the present case and in those two other cases are very similar and that the witnesses for CNwere the same, except for one who did not testify in this case, the evidence is, in many regards,different. The witnesses of CN, who testified in this case, did not, without necessarilycontradicting themselves, repeat exactly the same evidence in the two other cases. Also,documents which were disclosed in this hearing were not filed as evidence in those two othercases. These differences will explain any discrepancies that may exist in the facts when they arecompared.