The Board of Inquiry convened a teleconference to address the scheduling of a human rights complaint following the Court of Appeal's decision remitting the matter back to the Board.
The respondent advised it would be seeking leave to appeal to the Supreme Court of Canada and took the position that the Board lacked continuing jurisdiction pending the leave application.
The Vice-Chair noted that the application for judicial review did not operate as an automatic stay under the Statutory Powers Procedure Act.
As the complainant's counsel was unable to join the call, the Board directed the complainant to provide written submissions on whether the hearing should be stayed or adjourned, and whether the respondent should be required to comply with a prior disclosure order pending the leave application.
