Jeff House

The respondents brought preliminary motions to dismiss a human rights complaint alleging discrimination on the basis of handicap.

The respondents argued the complaint should be stayed due to a three-year delay by the Commission and because the matter was res judicata following prior proceedings under the Police Act.

The Board of Inquiry dismissed the motions, finding that the delay did not prejudice the respondents' right to a fair hearing and that the human rights complaint involved a different legal question regarding the duty to accommodate, which was not considered in the Police Act proceedings.