John Judge

The appellant appealed a motion judge's decision staying its action for breach of contract and negligence on the basis of forum non conveniens.

The Court of Appeal upheld the finding that West Virginia, where the respondent processed the steel coils, was the more convenient forum.

However, the Court granted leave to appeal the costs order and reduced the motion judge's costs award from $36,000 to $15,000, finding the original amount unreasonable for a two-hour motion.

The respondents brought preliminary motions to stay or dismiss the 1994 human rights complaints against them on the grounds of abuse of process.

The complaints alleged discrimination on the basis of handicap regarding the placement of the complainant following a workplace injury.

The Board of Inquiry found that the Ontario Human Rights Commission's handling of the complaints involved significant delay, failure to provide timely notice, and inadequate disclosure.

Combined with the closure of the workplace, the destruction of relevant documents, and the deaths of key witnesses including the complainant, the respondents suffered irremediable prejudice.

The Board concluded that continuing the hearing would constitute an abuse of process and dismissed the complaints against all respondents.

The respondent hospital raised two preliminary objections in a human rights complaint alleging employment discrimination.

First, the hospital argued that the particulars provided by the Commission were inadequate.

The Board dismissed this objection, finding the particulars sufficient to define the issues and allow preparation for the hearing.

Second, the hospital moved to set aside two subpoenas duces tecum requiring staff to produce documents.

The Board granted the motion and set aside the subpoenas, holding that while the Code allows for document production during the investigation stage, it does not authorize a right to discovery prior to a hearing.