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Board of Inquiry lacks jurisdiction to add respondents that the Human Rights Commission explicitly declined to refer.
The complainant brought a preliminary motion before the Board of Inquiry to add eight party respondents to her human rights complaint.
The Ontario Human Rights Commission had previously decided to refer the complaint against only two respondents, explicitly declining to refer it against the others.
The complainant argued the Board had jurisdiction to add the remaining respondents under s. 39(2)(d) of the Human Rights Code.
The Board dismissed the motion, finding it lacked jurisdiction to add respondents where the Commission had already considered and expressly decided not to refer the complaint against them.
The Board held that reviewing the Commission's referral decision falls within the exclusive supervisory jurisdiction of the Divisional Court.
