The Whitby human rights applications filed by councillors Chris Leahy and Steve Yamada against the Town of Whitby, Mayor Elizabeth Roy and other respondents have been dismissed.
Durham Radio News reported September 29 that the Human Rights Tribunal of Ontario found the applications had no reasonable prospect of success because the events and allegations did not occur within social areas covered by the Ontario Human Rights Code.
Applications named town and council figures
The applications named the Town of Whitby, municipal integrity commissioner Principles Integrity, Mayor Elizabeth Roy, Councillor Rhonda Mulcahy and Councillor Niki Lundquist as respondents.
Leahy and Yamada filed their applications after disputes and investigations tied to Whitby council events in 2024 and 2025. Earlier reporting said Yamada alleged anti-Asian bias in how he was treated while serving as deputy mayor. Leahy pursued a related application arising from the same broader conflict.
The complaints followed a contentious October 2024 council meeting and integrity commissioner investigations. Both councillors received one-week unpaid suspensions after findings connected to their conduct at the meeting.
Earlier investigations found no discrimination
A separate workplace investigation previously found no evidence of anti-Asian bias or racism, while concluding that concerns had been raised in good faith. The councillors’ tribunal applications sought symbolic damages, repayment of suspended council pay and legal costs.
According to the latest report, legal counsel for the respondents had urged the councillors to withdraw the applications before the decision. Counsel argued that independent investigations had found no discrimination and that the disputes fell outside the tribunal’s jurisdiction.
The tribunal’s dismissal addresses whether the applications could proceed under the Human Rights Code. It does not reopen the underlying integrity findings or municipal council sanctions.
Town reports more than $53,000 in legal costs
The Town of Whitby said it has incurred approximately $53,682 in external legal costs responding to the applications. Final costs will be calculated after all related legal and administrative matters have concluded.
The dismissal is a substantial update to the Whitby human rights applications first reported in January. At that time, the proceedings were pending and the respondents had not received a tribunal decision on jurisdiction.
No appeal or request for reconsideration was identified in the sources reviewed at publication time. Any further filing would need to be confirmed through a tribunal decision or a statement from the parties.
