Human rights proceedings terminated against one respondent for lack of notice; jurisdiction upheld for remaining respondents.
The respondents brought preliminary motions to dismiss a human rights complaint alleging sex discrimination and sexual harassment.
They argued the Board of Inquiry lacked jurisdiction because the Commission failed to locate and attempt settlement with two individual respondents, and alternatively that proceeding would be an abuse of process due to delay.
The Board held that the Commission's failure to locate a respondent does not deprive the Board of jurisdiction.
The motion to dismiss for delay was denied for the corporate respondent and two individuals as no actual prejudice was shown.
However, the proceedings were terminated against one individual respondent who had no notice of the complaint until the day before the hearing, as the complete loss of opportunity to participate in the investigation and settlement stages constituted an abuse of process.
Drummond v. Tempo Paint and Varnish Co. (No. 1), 1994 CanLII 18423
