Gerald Rayner

The corporate respondent brought a motion to exclude hearsay evidence relating to comments allegedly made by its employee to the complainant's deceased stepfather.

The Board dismissed the motion, finding the evidence admissible under section 15 of the Statutory Powers Procedure Act and as an exception to the hearsay rule based on necessity and reliability.

The deceased's statements to the Commission's intake worker and investigator were deemed sufficiently reliable to be admitted, with their weight to be determined at the hearing on the merits.

The corporate respondent brought a motion to exclude evidence relating to comments allegedly made by its employee to the complainant's deceased stepfather.

The respondent argued the evidence was hearsay and unreliable.

The Board dismissed the motion, finding the evidence admissible under s. 15 of the Statutory Powers Procedure Act and as a principled exception to the hearsay rule, given its necessity and circumstantial guarantees of trustworthiness.

The respondent brought a preliminary motion to dismiss a human rights complaint alleging disability discrimination, arguing that the Board of Inquiry lost jurisdiction when the Ontario Human Rights Commission withdrew from participating in the hearing.

The Board held that while the Commission can abandon active carriage of the complaint, it cannot withdraw the complaint itself once referred, nor can it withdraw as a statutory party.

The Board retained jurisdiction, and the complainant was entitled to rely on his statutory party status to present evidence and argument on the merits of the complaint.

The motion was dismissed.