In 2015, Haytham Elzayat attended a job interview at Rogers, where he was allegedly asked discriminatory questions regarding his ethnicity and religion.
Elzayat filed a lawsuit claiming discrimination.
Defendant's Motion to Dismiss:
Rogers argued the lawsuit was barred by a two-year limitation period under the Limitations Act, 2002 and a release signed by Elzayat in a 2018 Canadian Human Rights Tribunal case.
Rogers also contended that discrimination claims should be filed with the Tribunal, not the court.
Court's Analysis and Decision:
Jurisdiction: The court determined it lacked jurisdiction to grant damages for discrimination, as there is no common law tort for discrimination. The matter falls under human rights legislation.
Limitation Period: The action was barred by the expiration of the two-year limitation period. Elzayat failed to prove incapacity due to disability or homelessness that would toll the limitation period.
Release: The release signed at the Tribunal was found not to apply to the 2015 interview; however, this was moot given the court’s other findings.
Outcome:
The court dismissed Elzayat's action on all grounds.
Costs were awarded to Rogers in the amount of $20,000.
