Case Studies

Question 1

Christie v York Corp

Answer 1

• Fred Christie was denied service in a bar because of his skin color. he sued and the company argued that as a private organaization they can choose who they serve. christie won
  Ss 19 and 33 of the quebec license act - refusing service is illegal
  Court of king’s bench overturned the decision. They ruled that the quebec license act did not apply and since there were no other specific laws they could apply, they could continue serving whoever they chose
  He took it to the supreme court. They ruled against him, maintaining that the bar could serve whomever they chose and there were no laws prohibiting their refusal of service.
  Falls under the general principle of freedom of commerce.

Question 2

Kearsley v City of St. Katherines

Answer 2

• Tony Kearsley applied to be a firefighter and had a medical exam where he found an atrial fibrillation. He was denied a job.
• Other medical professionals told him his condition would not affect his job performance. He filed a complaint against the city with the ontario human rights commission
• The doctor who originally tested him said his condition puts him at risk, especially with his training while an expert said it would not affect his job performance
• The board of inquiry ruled in kearsley’s favour

Question 3

Sparrow v Johnson

Answer 3

• A black man and woman were refused seats in the orchestra section of a theater.
• They sued the owner of the theater (Johnson).
• The court awarded damages to the plaintiff, not on the grounds of racial discrimination, but on the grounds of breach of contract.
• Discrimination was not a factor in human rights pre charter.