The respondents, the Ontario Hospital Association and Gord Cunningham, brought a preliminary motion to dismiss the human rights complaint against them, arguing that the agreed statement of facts showed they did not administer the employee benefits plan at issue.
The Ontario Human Rights Commission argued it was premature to dismiss the complaint before hearing evidence.
The Board of Inquiry declined to dismiss the complaint, noting that the Commission might have other evidence implicating the respondents.
However, the Board found it would be an abuse of process to proceed without the respondents knowing the case against them, and ordered the Commission to provide appropriate disclosure within thirty days.
