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Motion to dismiss human rights complaint for delay and multiple proceedings denied; no actual prejudice demonstrated.
The respondents brought a motion to dismiss a human rights complaint, arguing that a four-year delay by the Commission and the existence of multiple proceedings amounted to an abuse of process and a violation of their section 7 Charter rights.
The Board of Inquiry dismissed the motion, finding that section 7 of the Charter does not apply to human rights proceedings.
The Board also held that the respondents failed to demonstrate actual prejudice resulting from the delay, as their claims regarding unavailable witnesses and lost documents were speculative.
Furthermore, the complainant was entitled to pursue her rights in multiple forums, which did not constitute an abuse of process.
