Seneca College v. Bhadauria

Seneca College V. Bhadauria

Seneca College v. Bhadauria

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Description:
Seneca College v. Bhadauria, 2 S.C.R. 181 is a leading decision of the Supreme Court of Canada on civil rights and tort law. The Court ruled that there can be no common law tort of discrimination.

Background

Bhadauria, an East Indian woman, was a qualified to teach in Ontario and had seven years experience. She had applied ten times to Seneca College but was never granted an interview. Bhadauria claimed that she was not interviewed because of her ethnicity.

She argued that the college had violated the common law tort of discrimination. The Ontario Court of Appeal accepted the existence of such a tort. Since Bhadauria could show that such a right existed and that it had been violated by the practices of the college she would be entitled to remedy.

Decision of the Supreme Court of Canada

The Court allowed the appeal. It held that there was a tort of discrimination in Common Law but that the law went further and established a regime integrating the court system and thus giving a remedy.Bhadauria should have used the prescribed complain modalities outlined in the law instead of trying to bypass it and go straight to court.

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