The applicant sought judicial review of the Ontario Human Rights Commission's decision not to deal with her human rights complaint and its subsequent refusal to reconsider that decision.
The Commission had found that the applicant acted in bad faith by pursuing a complaint after signing a release with her former employer.
The Commission later conceded it erred and brought a motion to quash its own decisions on consent of the applicant, which the employer opposed.
The Divisional Court dismissed the Commission's motion, holding that a judicial review cannot be settled without the consent of all parties.
On the merits of the judicial review, the Court found the Commission improperly fettered its discretion by equating the signing of a release with bad faith without considering the context, and erred in requiring new facts for a reconsideration.
The decisions were quashed and the matter remitted to the Commission.
