The applicant sought reconsideration of an earlier Board decision that deferred his occupational health and safety complaint to the Ontario Human Rights Commission.
The applicant argued the Board made factual errors, improperly declined to hear evidence about the Commission's efficacy, erred in its deferral discretion, and violated the Charter and Human Rights Code by deferring a complaint involving race discrimination.
The Board dismissed the reconsideration request, finding the applicant did not meet the threshold test for reconsideration and that the earlier decision was neither clearly wrong in law nor contrary to Board policy.
The Board also held that deferring a complaint principally about race discrimination to the specialized human rights tribunal did not violate equality rights.
