Motion to dismiss human rights complaint for delay denied; respondents failed to show actual prejudice.
The respondents brought a preliminary motion to dismiss a human rights complaint, arguing that a five-year delay between the alleged discrimination and the appointment of the Board of Inquiry constituted an abuse of process and impaired their ability to mount a full defence.
The Board of Inquiry denied the motion, finding that the respondents failed to demonstrate actual prejudice or that a proper defence had become impossible, as key witnesses were still available.
The Board directed that the hearing proceed, noting that the issue of delay could be raised again if actual prejudice became evident during the proceedings.
Lutz v. Gray's Lakehouse Restaurant, 1990 CanLII 12511
