The respondents brought preliminary motions to dismiss a human rights complaint alleging race discrimination in employment, arguing that the Commission failed to meet statutory conditions precedent and that the delay and lack of particulars amounted to an abuse of process.
The Board of Inquiry held that it lacked general jurisdiction to review the Commission's pre-inquiry procedures, but could intervene if procedural failures amounted to an abuse of process.
The Board found that the combination of the complainant's delay, the Commission's delay, and the lack of particulars for certain allegations seriously prejudiced the respondents' ability to defend themselves.
Consequently, the vague allegations were stricken from the complaint.
The Board also granted the Commission's motion to amend the complaint and the respondents' motion to quash a premature summons for documents.
