The Plaintiff had filed a statement of claim with the Superior Court for having been discriminated against by the Defendant (the University of Sherbrooke). The discrimination in question was based on the ethnic origin of the Plaintiff in the context of a residence for an International Medical Graduate ("IMG") offered by the Defendant (the Université de Sherbrooke), in contravention of section 10 of the Charter of Human Rights and Freedoms.

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The Defendant has, in turn, applied to the Superior Court for a declaration of inadmissibility and dismissal of the Plaintiff's claim on the grounds that the claim was based on the abuse of process alleged by the Defendant and on the fact that the statement of claim is ill-founded in law even if the facts are proven.

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On October 7, 2020, Judge GAETAN DUMAS of the Superior Court rendered a decision referring the case back to the trial judge who will have to decide whether the Plaintiff was a victim of discrimination and, if so, to decide the damages suffered by the Plaintiff.

 

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