The applicant sought judicial review of two Human Rights Tribunal of Ontario (HRTO) decisions that dismissed his discrimination application at a summary hearing.
The HRTO had found that most of his allegations were out of time and did not constitute a 'series of incidents' under the Human Rights Code, and that he had no reasonable prospect of success.
The Divisional Court granted the judicial review, finding that the HRTO misapplied the case law regarding a series of incidents and denied the applicant procedural fairness by restricting his submissions on available evidence.
The matter was remitted to the HRTO for a new hearing before a different adjudicator.
