Allyssa Case

The applicant sought judicial review of the Ontario Human Rights Commission's decisions not to refer his racial discrimination complaint against his employer to the Human Rights Tribunal, and to uphold that decision upon reconsideration.

The applicant argued he was denied procedural fairness during the investigation.

The Divisional Court dismissed the application, finding that the Commission met the requirements of procedural fairness and that its decisions were not patently unreasonable.

The applicants sought judicial review of the Ontario Human Rights Commission's decision to refer two students' complaints of racial discrimination to the Human Rights Tribunal.

The applicants argued that the Commission breached procedural fairness by relying on an undisclosed expert report and that the investigator's summary of the report created a reasonable apprehension of bias.

The Divisional Court dismissed the application, finding that the Commission's disclosure met the duty of fairness for its gatekeeping function and that the decision was not patently unreasonable or tainted by bias.

The applicant brought a motion to strike an affidavit filed by the respondent in response to an application for an expedited hearing under the Judicial Review Procedure Act.

The applicant argued the affidavit was incomplete and misleading.

The Divisional Court dismissed the motion, finding the affidavit addressed factual matters within the Registrar's knowledge and was not prejudicial, scandalous, or an abuse of process.

The court noted the applicant had the opportunity to cross-examine the affiant or file a responding affidavit.