CITATION: Taylor v. Human Rights Tribunal of Ontario, 2026 ONSC 4873
DIVISIONAL COURT FILE NO.: DC-25-00000134-00ML
DATE: 20260825
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Duane taylor, Applicant
AND:
HUMAN RIGHTS TRIBUNAL OF ONTARIO and YORK UNIVERSITY, Respondents
BEFORE: McWatt ACJ.
COUNSEL: Kevin W. Gray, for the Applicant
Maija-lisa Robinson (Tribunals Ontario), for the Respondent
Douglas W. Judson (York University), for the Respondent
HEARD: in writing
ENDORSEMENT
[1] This leave to appeal application is dismissed for the following reasons.
[2] The only issue on this motion is whether to grant leave to the Applicant for the late commencement of his application for judicial review of the Tribunal Decisions.
[3] First, there are no grounds to grant the relief, as the delays have largely been caused by the Applicant’s own actions, inaction, and failure to follow Tribunal orders and the procedures of this court. These have included (i) failing to commence the application for judicial review within the prescribed time, (ii) failing to commence the application before the appropriate court, (iii) failing to serve a motion to extend time when he had the consent of the responding parties for almost 6 months (iv) failing to agree to a timetable for the exchange of materials, necessitating a further 14 months of delay; and (v) improperly and unreasonably insisting that the merits of the judicial review application be heard together with the motion to extend time. As a result, this motion to extend time is being argued over 2 years after the deadline to commence the judicial review expired.
[4] Second, any decision to revive the proceeding before the Tribunal will result in substantial prejudice and hardship to York , which must answer the application on behalf of itself and the three individual respondents, of which one is deceased and one is no longer employed by the university. The underlying proceeding was commenced in 2018 and was itself dismissed due to the Applicant’s recurrent delays, meaning that it was never heard on its merits and none of the witnesses have ever given evidence.
[5] Consequently, York’s ability to make full answer to the allegations is significantly compromised. This prejudice has been compounded by the Applicant’s delays since he ought to have commenced his judicial review application in March 2024. Even if the application for judicial review were successful, at this point the Tribunal would be hearing the merits of the underlying claims more than a decade after the events are said to have started in 2016.
[6] The application is dismissed. Costs to be paid by the Applicant in the amount of $5,000.
____________________________
Faye E. McWatt ACJ.
Released: August 25, 2026