The applicant sought judicial review of a decision by the Ontario Board of Inquiry, which held that it had jurisdiction to continue hearing a human rights complaint after the Ontario Human Rights Commission withdrew its carriage of the proceeding.
The Divisional Court granted the application, finding that under the Human Rights Code, a Board of Inquiry may not proceed in the absence of the Commission.
The Court held that the Commission cannot delegate carriage of the complaint to the complainant, and that the public interest representation of the Commission is required for the hearing to proceed.
