The Durham Regional Police Services Board and Christopher Delaney appealed a Divisional Court decision that found the Human Rights Tribunal of Ontario's (HRTO) decisions unreasonable.
The HRTO had ruled that a settlement agreement for a second human rights application also settled a prior, undecided first application by Joseph Briggs, and subsequently cancelled a favourable decision for Briggs on the first application as an abuse of process.
The Divisional Court reversed the HRTO, finding its interpretation of the settlement unreasonable and deciding the matter itself rather than remitting it.
The Court of Appeal upheld the Divisional Court's finding that the HRTO's decision was unreasonable due to its narrow interpretation of the factual matrix and exclusion of relevant evidence (Form 25).
The Court of Appeal also affirmed the Divisional Court's discretion to decide the matter rather than remitting it, citing the inordinate delay and the binary nature of the issue.
The appeal was dismissed, confirming that the settlement did not cover the first application.