COURT FILE NO.: 201/05

DATE: 20050812

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

farley, swinton and croll, jj.

B E T W E E N:

CHRISTIAN HORIZONS and DOROTHY GIRLING

Applicants

• and -

ONTARIO (HUMAN RIGHTS COMMISSION)

Respondent

-and -

CONNIE HEINTZ

Respondent

Adrian Miedema and

Christina Hall, for the Applicants, Christian Horizons and Dorothy Girling

Mark J. Freiman and

Rita J. Maxwell, for the Respondent, Ontario (Human Rights Commission)

No One Appearing

HEARD: August 12, 2005

FARLEY J.: (Orally)

1The motion to quash the judicial review application is successful. Order accordingly.

2Pursuant to s.39(2) of the Human Rights Code, the Commission was a party to the proceedings. A party has the discretion to enter into settlement. There is no right to have a settlement. There is no duty to enter into a settlement. There was in fact no settlement reached which included all the parties. Counsel for the Commission did not have the authority to enter into a settlement and so advised the others.

3The definition of “statutory power of decision” under the Judicial Review Procedure Act is:

“Statutory power of decision” means a power or right conferred by or under a statute to make a decision deciding or prescribing:

(a) the legal rights, powers, privileges, immunities, duties or liabilities of any person or party, or

(b) the eligibility of any person or party to receive, or to the continuation of a benefit or licence, whether the person or party is legally entitled thereto or not,

and includes the powers of an inferior Court.

4In our view, there was no legal right affected here nor any other element of (a) or (b) of that definition.

Costs:

5In our view, given the circumstances of this case and the various miscommunications, we would award no costs.

FARLEY J.

SWINTON J.

CROLL J.

Date of Reasons for Judgment: August 12, 2005

Date of Release: August 19, 2005

COURT FILE NO.: 201/05

DATE: 20050812

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

farley, swinton and croll, jj.