Ontario court dismisses Township of Emo’s request for review of Human Rights Tribunal ruling
Emo Township’s challenge of an Ontario Human Rights Tribunal decision is being directed back to the Tribunal.
An Ontario Divisional Court has dismissed the township’s request for a judicial review of the Tribunal’s 2024 ruling that determined the township and Mayor Harold McQuaker discriminated against Borderland Pride in 2020 by refusing to support a Pride proclamation.
The township’s legal team was prepared to argue its case at a Monday hearing before the court questioned why it did not seek a reconsideration of the ruling with the Tribunal.
The township’s lawyer Allan McKitrick argued that going back before the Tribunal would be a waste of time and money, as they would likely be arguing the same issues that were presented during the original hearing.
Some had been struck down during that hearing.
McKitrick also noted that the idea of seeking reconsideration with the Tribunal was never raised by any of the other parties during pre-conference hearings.
He also added the Tribunal rarely grants reconsiderations.
The panel of three judges did not immediately offer reasons for its decision but dismissed the township’s request pending an application for reconsideration being brought before the Tribunal.
Such applications normally have to be filed within 30 days of a ruling.
The court requested that the Tribunal take the lateness of the application into consideration.
The court did leave the door open for the case returning at a later date, pending an outcome at the Tribunal.
In response to the ruling, Doug Judson, a Director with Borderland Pride, calls the dismissal another setback for the township in its effort to resist accountability for its discriminatory treatment of the local 2SLGBTQIA+ community.
“After years of litigation and an adverse Human Rights Tribunal ruling, they now find themselves back at square one because they failed to follow the proper process,” states Judson in a release.
Judson has also been unsuccessful at attempts to get the township to disclose its legal costs in fighting the issue.
