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Board of Inquiry retains jurisdiction despite Commission's procedural error in referring the complaint; temporary stay granted.
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.
Unfair labour practice complaint dismissed due to excessive and unjustified delay causing prejudice to the employer.
The applicant filed an unfair labour practice complaint alleging the responding party violated sections 70, 72, and 77 of the Labour Relations Act, 1995, by laying him off in reprisal for union activities during organizing drives in 1995 and 1996.
The responding party brought preliminary motions to dismiss the application for excessive delay, failure to make out a case, and abuse of process.
The Board found that the application, filed 18 months after the final layoff and over two years after the initial events, was excessively delayed without compelling justification, causing prejudice to the responding party.
The Board declined to inquire into the matter and dismissed the application.
