Memorial University v. Rose et al., (1990) 87 Nfld. & P.E.I.R. 233 (NFCA)

• Judge: Goodridge, C.J.N., O'Neill and Steele, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: December 17, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 87 Nfld. & P.E.I.R. 233 (NFCA)

Memorial Univ. v. Rose (1990), 87 Nfld. & P.E.I.R. 233 (NFCA);

    271 A.P.R. 233

MLB headnote and full text

Memorial University of Newfoundland (appellant) v. Linda M. Rose, B.S.W., LL.B. In Her Capacity as an ad hoc Human Rights Commission, Appointed Under Section 16A(1)(d) of the Newfoundland Human Rights Code, R.S.N. 1970, c. 262, as amended (first respondent) and the Newfoundland and Labrador Human Rights Commission (second respondent) and Michael Cook (third respondent)

(1989 No. 163)

Indexed As: Memorial University v. Rose et al.

Newfoundland Supreme Court

Court of Appeal

Goodridge, C.J.N., O'Neill and Steele, JJ.A.

December 17, 1990.

Summary:

A Human Rights Commission inquiry was ordered into an allegation of sexual harassment by a student against a university professor. The university was added as a party. The Commissioner rejected the university's application to be removed as a party. The university applied to quash the decision.

The Newfoundland Supreme Court, Trial Division, in a decision reported 80 Nfld. & P.E.I.R. 97; 249 A.P.R. 97, dismissed the application. The university appealed.

The Newfoundland Supreme Court, Court of Appeal, dismissed the appeal.

Civil Rights - Topic 7105

Federal and provincial legislation - Practice - Parties - A Human Rights Commission inquiry was ordered into allegations of sexual harassment by a student against a professor - The university was added as a party - The Commissioner and the Newfoundland Supreme Court, Trial Division, rejected the university's application to be removed as a party - The Newfoundland Court of Appeal, without commenting on the decisions rejecting the university's application for removal, held that the university should remain a party.

Statutes Noticed:

Newfoundland Human Rights Code, R.S.N. 1970, c. 262, sect. 10.2(1), sect. 10.2(2), sect. 15, sect. 16, sect. 16A(1)(a), sect. 16A(1)(b), sect. 16A(1)(d), sect. 18(1), sect. 21(1), sect. 32(1) [para. 4].

Counsel:

David Orsborn, for the applicant;

First respondent, did not appear and was not represented;

Deborah Paquette, for the second respondent;

John Harris, for the third respondent.

This appeal was heard before Goodridge, C.J.N., O'Neill and Steele, JJ.A., of the Newfoundland Supreme Court, Court of Appeal.

On December 17, 1990, Goodridge, C.J.N., delivered the following oral judgment for the court.