Court File and Parties
COURT FILE NO.: 397/07
DATE: 20080611
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, PERKINS AND LOW JJ.
B E T W E E N:
MIR F. KAMAL Applicant
- and -
NATIONAL COMMITTEE ON ACCREDITATION (NCA) Respondent
Counsel: In Person George D. Hunter, for the Respondent
HEARD at Toronto: June 11, 2008
Oral Reasons for Judgment
CARNWATH J.: (Orally)
[1] This judicial reviews follows on Mr. Kamal’s attempts to gain admission to the Law Society of Upper Canada.
[2] After a series of disagreements between Mr. Kamal and the National Committee on Accreditation and its Executive Director, Mr. Vern Krishna, the matter came before the Ontario Human Rights Commission. With the Commission’s help, a mediated settlement was reached in which Mr. Kamal released all claims against both the Accreditation Committee and Mr. Krishna and was given permission to write a further five examinations.
[3] Mr. Kamal acknowledged in cross-examination on his affidavit and in court on the record before us today that indeed, all matters were resolved before the Human Rights Commission. His only submissions on this judicial review application is that the Accreditation Committee failed to send him the syllabi it was required to send for the five additional examinations.
[4] Despite his allegations of non-receipt, Mr. Kamal proceeded to write those examinations. Ms. Russo, the person responsible for forwarding the syllabi on behalf of the Accreditation Committee, has sworn an affidavit confirming the forwarding of the syllabi to Mr. Kamal.
[5] In the respondent’s Application Record, Volume 2, Tab 3(e) are copies of eight letters signed by Ms. Russo, sent in the period from June 5, 2003 to August 20, 2006. Each letter recites the enclosure of the applicable syllabus. At no time in this period did Mr. Kamal ever complain of not receiving the applicable syllabi. He acknowledges today he has no evidence of non-receipt other than his own testimony.
[6] We can come to no other conclusion that Mr. Kamal did receive the five syllabi relating to the exams he was permitted to write. We find he did receive them on the evidence before us. His application for judicial review is dismissed.
COSTS
[7] We have concluded that costs will be fixed based on the principles enunciated in Boucher, that is to say, what would a losing party reasonably expect to pay? We fix the costs to the respondent at $35,000, inclusive of fees, disbursements and GST on a partial indemnity scale, payable 30 days. As to the request for full indemnity, based on the alleged forgeries, we find they were not relevant to the issue before us. The documents are sufficient to raise the suspicions of the Court but not sufficient to support a conclusion that would, in our view, require the trial of an issue.
CARNWATH J.
PERKINS J.
LOW J.
Date of Reasons for Judgment: June 11, 2008
Date of Release: June 13, 2008
COURT FILE NO.: 397/07
DATE: 20080611
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, PERKINS AND LOW JJ.
B E T W E E N:
MIR F. KAMAL Applicant
- and -
NATIONAL COMMITTEE ON ACCREDITATION (NCA) Respondent
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: June 11, 2008
Date of Release: June 13, 2008