The appellant filed a human rights complaint alleging disability discrimination by his former employer.
The Ontario Human Rights Commission decided not to refer the complaint to a board of inquiry under s. 36 of the Human Rights Code because the employer had made an adequate settlement offer, which the appellant refused.
The Divisional Court dismissed the appellant's application for judicial review.
On appeal, the Court of Appeal held that the Commission was entitled to consider the settlement offer, which was not privileged against the Commission, and that the Commission's decision was not patently unreasonable.
The appeal was dismissed.