Human rights complaint against primary respondent dismissed for abuse of process due to inordinate delay and medical incapacity.
The respondents brought a motion to dismiss a human rights complaint alleging sexual harassment and failure to investigate, arguing that the 58.5-month delay by the Commission and the primary respondent's subsequent medical incapacity to participate constituted an abuse of process.
The Tribunal found that the primary respondent, who suffered from multiple sclerosis and cognitive impairment, was medically unfit to testify or defend himself.
Given the inordinate delay attributable to the Commission and the resulting actual prejudice, the Tribunal dismissed the complaint against the primary respondent and the related allegation against a witness.
However, the Tribunal declined to dismiss the balance of the complaint regarding the employer's investigation.
Hancock v. McKesson, 2008 HRTO 42
