Gregory Burke, the former head of Saskatoon's Remai Modern Art Museum, is asking a judge to end the Saskatchewan Human Rights Commission's investigation into an allegation that Burke "discriminated against [a former female colleague] on the basis of sex [gender] and sexually harassed her," as described in the court filing.

Jay Watson, a lawyer for Burke, wrote in an application filed in Saskatoon's Court of Queen's Bench Tuesday that the investigation has taken an "unreasonable" amount of time.

"[Burke] has suffered significant prejudice as a result," Watson wrote. "In particular, [Burke] states that he has suffered reputational harm, psychological/medical harm, and a loss of employment opportunities."

According to the application, a former female co-worker of Burke's at the Mendel Art Gallery (now known as Remai Modern) filed the human rights complaint against Burke in October 2015. According to the application, the complainant alleges the discrimination and harassment took place from March 2013 to October 2014. The Mendel Art Gallery and Remai Modern are both also named in the complaint.

"I categorically deny these allegations," said Burke in an affidavit filed Tuesday along with his application.

In a commission document shared with Burke — and filed within his affidavit — the human rights commission wrote that the complainant alleged Burke discriminated against her "on the basis of sex [gender] and sexual harassment."

Watson said the wording is unfortunately ambiguous, adding "there is no allegation of [sexual harassment in itself]."

The human rights commission has previously told CBC News that "discrimination on the basis of sex can include sexual harassment, discrimination due to pregnancy or other forms of adverse treatment connected to an individual's sex."

CBC News is not identifying the complainant, who goes unnamed in the court filing.

"Apparently Mr. Burke is trying to get the thing effectively shut down," said John Beckman, the lawyer for the complainant.

"Of course my client wants the human rights commission to investigate this, come to a conclusion and hopefully deal with her complaint — and not have it stayed."

Accused of demeaning female staff

Burke's application to have the human rights investigation quashed comes two months after its scope was broadened by chief commissioner David Arnot.

"Although 12 witnesses had already been interviewed over the course of more than a year, the chief commissioner advised that the investigation had to be expanded as my 'alleged treatment of [the complainant] may be part of a larger pattern and practice of behaviour whereby [I am] alleged to treat women, particularly women managers, differently from men,'" Burke wrote in his affidavit.

In a copy of the complaint attached to Burke affidavit, the complainant said Burke initially began his professional relationship with her by recounting an inappropriate and misogynistic story.

Things devolved from there, she wrote.

"He embarrassed and undermined me with staff I supervised as well as other senior managers by consulting with them privately about my work performance, creating and encouraging a toxic atmosphere of negative innuendo and gossip in order to undermine my work and refusing to answer direct questions related to my work so that I was unable to lead," she wrote.

"Mr. Burke used anger, fear of loss of employment, accusation, humiliation, contradictory directives and withholding of information to control to demean me and other female staff."

The complainant wrote she "ultimately felt compelled" to resign from the Mendel Art Gallery, and that her interactions with Burke led to "financial hardship due to loss of income and acute anxiety."

Burke, who now lives in Toronto, did not respond to a request for comment Tuesday.

Investigation repeatedly delayed

Watson, Burke's lawyer, said the commission went beyond its jurisdiction by widening the investigation and abused its process.

Burke also alleged a pattern of delay at the human rights commission. As an example, he said he had not been contacted by the commission's investigator, Lewanna Dubray, for almost a full year after she was appointed as investigator around June of 2017.

At another point, Burke said, the commission "purposely delayed the proceedings at the complainant's request."

Burke also disputed the commission's claim that mediation had been attempted.

Burke, centre-right, is seen here mingling with Remai Modern's primary benefactor, Ellen Remai, right. (Remai Modern)

Burke took the helm of the Mendel Art Gallery in 2013 and oversaw the gallery's transition into the Remai Modern Art Museum. Burke previously ran Toronto's Power Plant Art Gallery and the Govett-Brewster Art Gallery in New Zealand.

Remai Modern opened in October 2017, drawing a larger-than-anticipated number of visitors in its first year.

'I am effectively unemployable'

Burke announced his resignation from Remai Modern in December 2018 to accept a new job at the Auckland Art Gallery Toi o Tāmaki in New Zealand.

After CBC News first reported the human rights complaint, Burke pulled out of his new job, citing concern that the human rights allegation had become a distraction for the New Zealand gallery.

"[The CEO] was particularly concerned as to what effect my hiring would have on the gallery's public image," Burke wrote in his affidavit.

"After several discussions, we mutually agreed that it would be best for me to step down prior to the start of my contract," Burke wrote.

"According to two public relations/recruiting firms I have consulted, I am effectively unemployable for as long as the proceedings are ongoing."

Burke said that after learning of CBC News' plans for the first story about the complaint, "I became extremely physically stressed and physically ill, experiencing insomnia, gastroenteritis and nausea."

He went on medical leave until the end of his term at Remai Modern, he added.

No time limit on investigations

Burke's court filing says the length of the investigation is "nearly five times the expected timeline for an investigation, according to the [commission]."

Burke cited an "Understanding Our Process" document he received from the commission, which stated, "The commission will make every effort to conclude the investigation within 180 days from assignment to investigation."

But while the commission's website says investigations "ideally" take no more than six months, there are no prescribed investigation timelines in the Saskatchewan Human Rights Code.

"The investigation isn't necessarily driven by a particular time frame," Adam Hawboldt, a commission spokesperson, said of investigations in general.

The time required for investigations depends on several factors, Hawboldt added, including:

Whether there is full cooperation of the people involved.

Whether documents might be in the hands of a third party.

Whether witnesses are readily available and cooperative.

The complexity of the matter.

"The complaints process is one that is court-driven in that any complaint has the potential to end in a court adjudicated process," said Hawboldt.

"As such, the investigation process must be done with sufficient diligence and rigour to support that process."

Most complaints resolved in a year

Commission investigations happen when prior attempts at mediation or settlement are unsuccessful, according to the commission's website.

More than 70 per cent of all complaints are resolved within a year, Hawboldt previously told CBC News.

An investigator gathers statements from potential witnesses, along with information from the complainant and the respondents.

Once the investigation wraps, the investigator shares a disclosure report with the complainant and respondent.

"The investigator [also] refers the case to the chief commissioner, who decides whether the case should be [further] mediated, dismissed, sent to a hearing or dealt with in another way," according to the commission's website.

The chief commissioner's decision is not made public.

"At the point that a file is referred to the Court of Queen's Bench for hearing [and] a short summary is reported on the commission's website," Hawboldt said.

The commission has consistently declined to comment on the status of the Burke investigation.

"As an unbiased organization that focuses on mediation and restorative justice outcomes, the commission cannot comment of the status of individual complaints that have been filed or formalized," Hawboldt previously said.