The respondent municipality brought a motion to dismiss the human rights complaint after reaching a settlement with the Ontario Human Rights Commission.
The complainant was not a party to the settlement.
The municipality argued that the Commission's carriage of the complaint meant the settlement concluded the proceedings.
The Board of Inquiry dismissed the motion, finding that the Human Rights Code grants independent party status to the complainant, which includes the right to call evidence and make arguments.
Forcing a complainant to accept a settlement negotiated by the Commission would be inconsistent with the quasi-constitutional nature of human rights legislation.
