The appeal concerned whether a Board of Inquiry lost jurisdiction over an employment discrimination complaint after the Commission ceased participating following referral.
The court held that the complainant retained independent party status under the Human Rights Code, that the Commission's role changed upon referral, and that the Board of Inquiry was an autonomous tribunal required to conduct the hearing.
The phrase granting the Commission carriage of the complaint was interpreted as procedural rather than substantive.
The Divisional Court's contrary ruling was set aside and the matter was remitted for further hearing.
