The complainant filed a human rights complaint alleging age and marital status discrimination after being denied a security officer position.
The respondent brought a preliminary motion to dismiss the complaint, arguing that the Commission's unreasonable delay of over three years in bringing the matter to a hearing prejudiced their ability to defend themselves due to faded memories and lost documentation.
The Board of Inquiry dismissed the preliminary motion, finding that while the delay was unexplained and inconvenient, the respondents were still able to marshal witnesses and the Commission agreed to provide all relied-upon documentation.
The Board noted that the delay could be considered later in weighing credibility and fashioning a remedy.
