The respondents brought a motion to dismiss or stay the human rights complaints, alleging that the Commission's investigation was flawed, biased, and inadequate.
The Tribunal dismissed the motion, holding that its hearing is de novo.
Relying on established jurisprudence, the Tribunal found that even a flawed investigation does not deprive it of the ability to conduct a hearing unless it results in an abuse of process, and there was no evidence that the respondents were prevented from defending the case.