Martin Peters

The appellant appealed a decision vacating a stay of proceedings granted for unreasonable delay.

The Supreme Court of Canada dismissed the appeal, applying the principles from Askov and Morin.

The Court found that the five months of systemic delay prior to committal was not unreasonable, and that the delay subsequent to committal was largely explained by transcript preparation or waived by the appellant.

The remaining systemic delay was deemed not unreasonable.

The respondent Board of Education brought preliminary motions seeking further particulars and an order striking out portions of a racial discrimination complaint as statute-barred.

The Board of Inquiry ordered the Commission to provide specific details regarding the schools, dates, and allegedly discriminatory criteria involved in the complainant's 41 unsuccessful promotion applications.

However, the Board dismissed the motion to strike the older complaints, ruling that the two-year limitation period under the Limitations Act does not apply to proceedings under the Human Rights Code, as the Code contains its own specific limitation and discretion provisions.