The respondent brought preliminary motions challenging the jurisdiction of the Board of Inquiry to hear a human rights complaint regarding the provision of handicapped parking spaces.
The respondent argued that the matter should be dealt with under the Municipal Act or Planning Act, and that the delay in bringing the complaint forward violated s. 7 of the Charter and constituted an abuse of process.
The Board dismissed the motions, finding that the Human Rights Code takes precedence over municipal by-laws, that s. 7 of the Charter does not apply to these proceedings, and that the delay did not prejudice the respondent's ability to have a fair hearing.
