ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
DIVISIONAL COURT FILE NO.: 404/09
CUNNINGHAM A.C.J.S.C., FERRIER AND MCCOMBS JJ.
BETWEEN:
CITY OF TORONTO, WILLIAM FORREST, BARRY GUTTERIDGE and MARIE MLAKAR
Applicants
– and –
HUMAN RIGHTS TRIBUNAL OF ONTARIO and MARY NAGUIB
Respondents
Counsel
Heather Crisp, for the Applicants
Margaret Leighton and Reema Khawja, for the Respondents
HEARD at Toronto: February 5, 2010
mccombs j. (orally)
1We are all sympathetic to the reality that this matter has been ongoing since 2003 and it has doubtless been stressful for the individuals who are the subject of the complaint.
2However, we are not persuaded that this reality, by itself, is a sufficient basis to justify departing from the well-established rule that courts will generally decline to hear judicial review applications concerning interlocutory orders.
3While the history is troubling, this is simply not one of those exceptional cases that would warrant our intervention notwithstanding that a jurisdictional issue has been raised. The application is therefore quashed.
4No costs.
MCCOMBS J.
CUNNINGHAM A.C.J.S.C.
FERRIER J.
Date of Reasons for Judgment: February 5, 2010
Date of Release: February 12, 2010
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
CITATION: City of Toronto v. HRTO, 2010 ONSC 918
DIVISIONAL COURT FILE NO.: 404/09
DATE: 20100205
CUNNINGHAM A.C.J.S.C., FERRIER AND MCCOMBS JJ.
BETWEEN:
CITY OF TORONTO, WILLIAM FORREST, BARRY GUTTERIDGE and MARIE MLAKAR
Applicants
– and –
HUMAN RIGHTS TRIBUNAL OF ONTARIO and MARY NAGUIB
Respondents
ORAL REASONS FOR JUDGMENT
MCCOMBS J.
Date of Reasons for Judgment: February 5, 2010
Date of Release: February 12, 2010