In any event, however,
to most effectively
avoid finding themselves in the same position as the employer in Strudwick, employers should
take care
to abide by their human rights obligations and
to avoid acting in a manner that may be negatively construed by the
courts when carrying out any employment - related
matter.
While I might have been prepared
to consider
taking judicial notice of the exceptional rarity of commercial bulk transport of chemicals by oxcart or horse, at least in the City of St. Catharines, the admission by the applicants that motor vehicles are used by Aquatech in the delivery of pool chemicals
avoids that issue and strikes me as just the sort of non-controversial
matter that the
Court of Appeal... was referring
to.