Heather Crisp

The applicant sought judicial review of a decision by the Human Rights Tribunal of Ontario dismissing his application for unreasonable delay.

The events underlying the complaint occurred in 1994, but the application was not filed until 2010.

The Divisional Court held that the Tribunal reasonably concluded the 15-year delay would cause substantial prejudice to the respondents and that the delay was not incurred in good faith.

The application for judicial review was dismissed.

The applicants sought judicial review of an interlocutory order made by the Human Rights Tribunal of Ontario in a complaint that had been ongoing since 2003.

The Divisional Court quashed the application, declining to depart from the general rule against hearing judicial reviews of interlocutory orders, despite the troubling history and delay.

The applicant, who has moderate hearing loss, applied to be a firefighter but failed the hearing test without his hearing aid.

The City of Toronto declined to hire him after an expert audiologist concluded he could not safely perform the duties even with a hearing aid.

The applicant filed a human rights complaint, which the Ontario Human Rights Commission declined to refer to the Tribunal, finding the hearing standard was a bona fide occupational requirement and the applicant had been individually assessed.

The Divisional Court dismissed the applicant's application for judicial review, holding that the Commission's decision was not patently unreasonable.