M. Friedland

The Board of Inquiry ruled on applications by several organizations and the Ministry of Housing to intervene in a human rights complaint alleging discrimination in housing based on receipt of public assistance.

The Board distinguished between interveners as added parties and as amici curiae.

Finding that the applicants did not qualify as added parties under section 38 of the Human Rights Code, 1981, the Board granted them amicus curiae status, permitting them to make written submissions at the conclusion of the case, with the possibility of calling evidence or making oral arguments depending on how the hearing unfolds.

The respondent brought a preliminary motion arguing the Board of Inquiry lacked jurisdiction due to alleged breaches of natural justice by the Ontario Human Rights Commission during its investigation.

The Board dismissed the motion, holding that its duty is to hear the complaint and that any improper conduct by the Commission should be challenged in court.

The complainant also brought a motion to amend the complaint to add the ground of sex discrimination.

The Board granted the amendment, noting the respondent had sufficient notice and the new ground arose from the original facts.