Lucy Siraco

The applicant sought judicial review of a decision by the Human Rights Tribunal of Ontario to summarily dismiss her human rights complaint.

The Tribunal had concluded that earlier incidents were out of time and not part of a series of incidents, and that there was no reasonable prospect of success for the timely allegations.

The Divisional Court found the Tribunal's decision to be reasonable and dismissed the application for judicial review, awarding costs to the respondent employer.

During a judicial review proceeding, the court struck the applicant's affidavit from the record.

The court found that the affidavit contained argument and attempted to supplement the record before the Tribunal.

The applicant failed to satisfy the court that the affidavit fell within the exceptional circumstances set out in Keeprite that permit a party to file affidavit evidence to supplement the record.