F.H. Zemans

The respondents in a human rights complaint brought preliminary applications seeking a summons to compel a Commission investigator to produce the intake questionnaire and investigation analysis, and an order requiring the Commission to reveal the names of two potential witnesses.

The Board of Inquiry dismissed the applications, finding that the Statutory Powers Procedure Act does not provide for pre-hearing discovery of documents.

The Board held that the Commission had satisfied its obligation to provide reasonable information about the allegations, and that the requested documents and witness names were protected by privilege as materials prepared in contemplation of litigation.

The Board of Inquiry ruled on preliminary matters regarding complaints of sex discrimination in union membership.

The respondents argued that the Commission failed to follow the proper sequence of investigation and conciliation, that the new Code could not apply retrospectively, and that the delay in proceedings amounted to an abuse of process.

The Board dismissed all preliminary objections, finding that the Commission fulfilled its duties, the relevant statutory prohibitions remained substantially unchanged, and the delay caused no prejudice to the respondents.

The Ontario Professional Firefighters Association was also added as a party respondent.