Geri Sanson

The respondents brought preliminary motions to dismiss a human rights complaint alleging sex discrimination and unequal pay.

They argued the matter should be heard under other statutes, that the Commission's overlapping functions created an apprehension of bias, and that the delay in proceedings violated the Charter and constituted an abuse of process.

The Board of Inquiry dismissed all preliminary motions, finding that concurrent jurisdiction does not oust the Code, the Commission's functions are statutorily authorized, and the delay did not render a fair hearing impossible.

A request for further particulars was also denied.

The Ontario Human Rights Commission brought a motion to add Great Atlantic and Pacific Company of Canada Limited (A & P) as a respondent to a human rights complaint originally filed against Miracle Food Mart.

The complainant alleged sex discrimination regarding pay and advancement opportunities.

After the complaint was filed, A & P purchased selected assets of Miracle Food Mart.

The Board of Inquiry granted the motion, finding that the successor company inherited the business operations and was the only entity capable of providing a remedy, particularly since the complaint alleged systemic discrimination.