ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., CHAPNIK AND KEALEY JJ.
B E T W E E N:
WEYERHAEUSER COMPANY LIMITED, carrying on business as TRUS JOIST
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION
Respondent
- and –
ALAN CHORNYJ
Complainant
(Respondent)
Andrew J. Roman and Margaret Sims, for the Applicant
James Schneider, for the Human Rights Tribunal of Ontario
Brian Smith, for the Ontario Human Rights Commission
HEARD at Toronto: October 10, 2006
CUNNINGHAM A.C.J.S.C.: (Orally)
1We have concluded that the Tribunal does not have jurisdiction to hear and determine the Chornyj complaint referred to it by the Commission. In arriving at that conclusion, we find the Tribunal to have been incorrect or at least unreasonable in deciding it had the requisite jurisdiction.
2We recognize that prohibition is rarely granted but that is not the point. In a proper case, it ought to be granted. For example, in a case where there is a lack of jurisdiction, an issue which should be determined as early as possible. Accordingly, the application is allowed, the complaint is dismissed and more detailed reasons will follow in due course.
CUNNINGHAM A.C.J.S.C.
CHAPNIK J.
KEALEY J.
Date of Reasons for Judgment: October 10, 2006
Date of Release: October 13, 2006
COURT FILE NO.: 258/06
DATE: 20061010
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., CHAPNIK AND KEALEY JJ.
B E T W E E N:
WEYERHAEUSER COMPANY LIMITED, carrying on business as TRUS JOIST
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION
Respondent
- and –
ALAN CHORNYJ
Complainant
(Respondent)
ORAL REASONS FOR JUDGMENT
CUNNINGHAM A.C.J.S.C.
Date of Reasons for Judgment: October 10, 2006
Date of Release: October 13, 2006