The applicant sought judicial review of a decision by the Ontario Human Rights Commission not to refer his complaint to the Human Rights Tribunal.
The respondents brought a preliminary motion to dismiss the application for delay.
The Divisional Court granted the motion, finding that the 17-month delay was inordinate and unexplained.
Furthermore, due to legislative amendments, the court noted it no longer had jurisdiction to remit the matter to the Commission or the newly constituted Tribunal.
