The appellant, a federally incorporated board, appealed a decision finding it subject to the Ontario Human Rights Code.
The Supreme Court of Canada dismissed the appeal, holding that the board is not operating under the Peace, Order and Good Government clause or the trade and commerce power, and is therefore subject to provincial human rights legislation.
The Court also rejected the appellant's argument that res judicata deprived the Commission of jurisdiction, as the human rights complaints were not the same cause of action as earlier proceedings before the Federal Court.
