Steven Faughnan

The respondent CMHC brought a motion for a stay or, in the alternative, an adjournment of the human rights complaint proceedings pending its application for judicial review of an interim decision adding it as a party.

The Board of Inquiry denied the stay, finding that CMHC would not suffer irreparable harm if the proceedings continued.

However, the Board granted an adjournment, concluding that the jurisdictional issue raised by CMHC was substantial and the balance of convenience favoured adjourning the matter to avoid potentially unnecessary expenditures of time and public funds.

The respondent Canada Mortgage and Housing Corporation (CMHC) brought a motion for a stay or adjournment of the Board of Inquiry proceedings pending its application for judicial review of an interim decision adding it as a party.

The Board denied the stay, finding that CMHC would not suffer irreparable harm, but granted an adjournment based on the balance of convenience, as the jurisdictional issue was substantial and proceeding could result in wasted resources if CMHC's judicial review application succeeded.

The complainant brought a motion to add the President and CEO of the corporate respondent as a personal respondent to her human rights complaint alleging sexual harassment, solicitation, and reprisal termination.

The respondents failed to attend the motion or file responding materials.

The Board of Inquiry found the motion record was properly served and granted the request to add the CEO as a party, noting his involvement in the termination decision and the lack of prejudice.

The Board also directed the respondents to provide disclosure and file pleadings, warning that failure to do so could result in the exclusion of their evidence at the hearing.