When a complaint is formalized, the Commission works to help parties find an appropriate and timely resolution. Most complaints are resolved through mediation. When mediation is unsuccessful, the complaint is referred to investigation to gather evidence that is then used in the complaint process.
Every year many complaints are resolved as a result of the investigation process. However, when the parties cannot reach an agreed resolution, the investigator will present the fruits of the investigation to the Commission’s case management team.
The investigator and the Commission’s legal team meet with the Chief Commissioner to discuss the information that has been gathered.
The objective of this discussion is to determine whether the complaint should be dismissed, deferred, or referred to the Court of Queen’s Bench.
If, through the case management process, the Chief Commissioner feels the complaint has sufficient merit, it may be referred to the Court of Queen’s Bench for hearing. In most cases, before a hearing takes place the parties will be directed to engage in one further mediation attempt. In Directed Mediation, the respondent may provide a final offer of resolution. If the complainant rejects a final offer that the Chief Commissioner views as reasonable, the Chief Commissioner may dismiss the complaint.
Where a resolution is not reached through Directed Mediation, the matter will be referred to a hearing, as directed by the Chief Commissioner.
The following complaints have been referred to the Court of Queen’s Bench for hearing: