Preliminary motions to adjourn, dismiss for delay, and change venue in sexual harassment complaint denied.
The respondents in a sexual harassment complaint brought preliminary motions seeking an adjournment pending judicial review of the Board's appointment, a dismissal of the complaint due to unreasonable delay, and a change of venue.
The Board of Inquiry denied the adjournment, finding it should proceed expeditiously under the Human Rights Code until prohibited by a court order.
The Board also refused to dismiss the complaint for delay, applying the Hyman test that a complaint should not be dismissed without a hearing on the merits unless the delay makes the Board's task impossible.
Finally, the Board denied the request to change the venue to Toronto, finding no overwhelming preponderance of convenience.
