The applicants, an employer and its manager, settled a sexual harassment complaint with the complainant.
The Ontario Human Rights Commission then referred the complaint solely against another respondent to the Human Rights Tribunal.
Despite the applicants not being parties to the hearing, the Tribunal made adverse findings of fact and liability against them.
The Divisional Court granted judicial review, holding that the Tribunal breached natural justice and exceeded its jurisdiction by adjudicating matters not referred to it and making findings against non-parties who had settled.
The matter was remitted to the Tribunal to amend its decision.
