Gary L. Wiseman

The applicant brought a motion to set aside an order quashing his application for judicial review of a family arbitration award.

He argued that recent amendments to the Family Law Act meant family arbitrators exercise a statutory power of decision, giving the court jurisdiction under the Judicial Review Procedure Act.

The Divisional Court dismissed the motion, affirming that family arbitrators derive their authority from private consensual agreements, not statute, and therefore do not exercise a statutory power of decision.

The applicant filed a human rights application alleging discrimination on the basis of family status after her seasonal employment at a summer camp was not renewed.

The respondent requested the application be dismissed due to delay, as it was filed more than a year after the alleged discriminatory acts.

The Tribunal found that the applicant reasonably discovered the alleged breach well before the one-year limitation period expired and failed to provide a reasonable explanation for the delay.

The application was dismissed for being filed out of time without establishing the good faith necessary to extend the limitation period.

The applicant filed a human rights application against the respondent.

The respondent requested early dismissal on the basis that another proceeding had appropriately dealt with the substance of the application, and also raised the issue of delay.

Additionally, the respondent objected to the applicant's reliance on documents disclosed in a civil action commenced by her brother.

The Tribunal issued an interim decision directing the Registrar to schedule an oral hearing to determine these preliminary issues.