The respondents brought a motion for costs under s. 41(4) of the Human Rights Code after the complainant's sexual harassment complaint was dismissed due to her failure to testify.
The respondents argued the complaint was trivial, vexatious, made in bad faith, and caused undue hardship.
The Board of Inquiry dismissed the motion, finding that the complaint was not trivial or vexatious, the related criminal acquittal did not establish bad faith, and the respondents failed to prove undue hardship resulting from the human rights process.
