The applicants sought judicial review of interim decisions by the Human Rights Tribunal of Ontario, which declined to dismiss human rights applications under s. 45.1 of the Human Rights Code.
The applicants argued that prior proceedings under the Police Services Act and the Regulated Health Professions Act should bar the human rights complaints based on issue estoppel and finality principles.
The Divisional Court dismissed the applications, finding the Tribunal reasonably applied the Supreme Court's fairness principles from Penner to conclude that it would be unfair to dismiss the human rights applications, given the different purposes, lack of financial stakes, and statutory contexts of the prior proceedings.
