The moving party brought a motion to strike an application challenging the constitutional validity of provisions of the Human Rights Code on the basis of s. 15 of the Charter and provincial legislative competence.
Applying the Supreme Court of Canada’s public interest standing framework, the court held the applicants had neither private standing nor public interest standing, as they showed no direct interest, no genuine stake, and no adequate factual foundation for the challenge.
The court further held that, in any event, the application disclosed no reasonable cause of action and was without merit.
The application was dismissed without leave to amend, and costs of $2,500 were awarded to the successful moving party, payable to the Minister of Finance.
