Motions to strike granted; individual commissioners, Crown respondents, and extrinsic affidavit removed from judicial review application.
The applicant sought judicial review of the Ontario Human Rights Commission's decision not to refer his race discrimination complaint to a tribunal.
The Commission and Crown respondents brought motions to strike individual commissioners, employees, and Crown entities as parties, and to strike the applicant's affidavit.
The Divisional Court granted the motions, finding that only the Commission exercises a statutory power of decision, the Crown respondents had no role in the proceedings, and the applicant's affidavit contained inadmissible extrinsic evidence and argument not before the Commission.
Anthony Coote v. Zellers et al., 2007 ONSCDC 48985
