The Ontario Human Rights Commission referred a complaint to the Board of Inquiry but later discovered it had omitted the respondents' submissions from its referral decision.
The Commission argued this procedural defect rendered the referral a nullity and deprived the Board of jurisdiction.
The Board held that it does not lose jurisdiction due to a procedural error by the Commission, as only a supervisory court can declare a referral null and void.
The Board granted a temporary stay of proceedings to allow the respondents to seek judicial review of the Commission's referral process.
