The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination application as an abuse of process due to his persistently discourteous and disruptive behaviour.
The applicant alleged reasonable apprehension of bias, procedural unfairness, and unreasonableness.
The Divisional Court declined to dismiss the judicial review for delay, accepting the applicant's medical explanation.
However, the court dismissed the application on the merits, finding no reasonable apprehension of bias, no breach of procedural fairness, and concluding that the Tribunal's decision to dismiss the underlying application for abuse of process was reasonable and entitled to deference.