The respondent, an Anishnaabe elder, commenced a human rights application alleging that the use of the 'Cleveland Indians' team name and logo at the Rogers Centre constituted discrimination.
The applicant brought a motion challenging the tribunal's jurisdiction, arguing the matter fell under federal trademark law.
The tribunal issued an interim decision dismissing the motion.
The applicant sought judicial review of this interim decision.
The Divisional Court dismissed the application for judicial review as premature, finding that it did not raise a true question of jurisdiction and there were no exceptional circumstances to justify fragmenting the administrative proceedings.
