The applicant sought judicial review of a Human Rights Tribunal of Ontario decision that dismissed his human rights application under s. 34(11) of the Human Rights Code due to a related civil action for wrongful dismissal.
The Divisional Court found the Tribunal's decision unreasonable because it failed to properly analyze the distinct factual underpinnings and time periods of the two proceedings.
The application for judicial review was granted, and the matter was remitted to the Tribunal for adjudication.