Motion for stay of Human Rights Tribunal proceeding pending judicial review dismissed for lack of irreparable harm.
The applicant, Honda of Canada, Manufacturing, sought a stay of a Human Rights Tribunal proceeding pending the disposition of its application for judicial review.
Honda argued that the respondent failed to comply with disclosure rules, denying it procedural fairness.
The Divisional Court dismissed the motion, applying the RJR MacDonald test.
The court found that Honda had not exhausted its remedies before the Tribunal, failed to demonstrate irreparable harm, and that the balance of convenience favoured allowing the Tribunal proceeding to run its course.
Honda of Canada, Manufacturing v. Human Rights Tribunal of Ontario, 2009 ONSCDC 68477
