The complainant brought a preliminary motion requesting that the Board of Inquiry order the Ontario Human Rights Commission to pay her legal costs for presenting her case.
The Commission had reached a settlement with the respondents without the complainant's consent and withdrew from the hearing.
The complainant argued this was an abuse of process.
The Board of Inquiry dismissed the motion, finding it lacked jurisdiction under the Human Rights Code to award costs against the Commission in these circumstances, and that no abuse of process had been established.