Fontaine was contracted by his employer to Canadian Pacific (CP) to work as a cook. He left employment after his HIV status was discovered by CP and he was subjected to stigma and discrimination by his CP employees. Fontaine appealed his treatment to the Human Rights Tribunal, claiming a violation of his right to be free from discrimination under the Human Rights Act. At issue was whether CP was Fontaine’s employer for purposes of the Human Rights Act and whether the Tribunal had jurisdiction over the matter.

The Tribunal held that it did have jurisdiction over the matter and that CP violated its obligations under the Human Rights Act to refrain from discrimination in employment. The Tribunal awarded Fontaine back pay and damages for injury to his self-esteem due to his treatment. The Tribunal also required CP to issue a letter of apology to Fontaine.

CP appealed the Tribunal’s decision.

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