The applicants sought judicial review of the Ontario Human Rights Commission's decision to refer two students' complaints of racial discrimination to the Human Rights Tribunal.
The applicants argued that the Commission breached procedural fairness by relying on an undisclosed expert report and that the investigator's summary of the report created a reasonable apprehension of bias.
The Divisional Court dismissed the application, finding that the Commission's disclosure met the duty of fairness for its gatekeeping function and that the decision was not patently unreasonable or tainted by bias.
