James B. Schneider

The moving party employer brought a motion to dismiss the responding party employee's application for judicial review for excessive delay.

The employee sought to review decisions of the Human Rights Tribunal of Ontario made five years prior.

The court found the employee's explanation for the delay—that he pursued other avenues like the United Nations and Supreme Court of Canada, and did not know about judicial review—unacceptable.

Given the five-year delay, the statutory mandate for expeditious resolution of human rights disputes, and the prejudice to the employer, the court granted the motion and dismissed the application for judicial review.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision that found discrimination in only two of five alleged instances involving Toronto police officers, awarding $13,000 in compensation.

The applicant argued the Tribunal breached procedural fairness by not conducting the hearing in French and erred in finding insufficient evidence of racial profiling.

The Divisional Court dismissed the application, finding the Tribunal's decision reasonable, noting the applicant never requested a French hearing and the Tribunal's factual findings on racial profiling and compensation were entitled to deference.