Court File and Parties
DIVISIONAL COURT FILE NO.: 214/13
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
C. MCKINNON, SWINTON AND HARVISON YOUNG JJ.
BETWEEN:
CARLA BORBA Applicant
– and –
TORONTO TRANSIT COMMISSION and THE HUMAN RIGHTS TRIBUNAL OF ONTARIO Respondents
Abba E. Chima, for the Applicant
Lucy Siraco, for the Respondent, Toronto Transit Commission
Brian A. Blumenthal, for the Respondent, Human Rights Tribunal of Ontario
HEARD at Toronto: October 29, 2014
Oral Reasons for Judgment
SWINTON J. (ORALLY)
1The affidavit of Carla Borba is struck from the record. It contains argument and attempts to supplement the record before the Tribunal.
2The applicant has not satisfied this Court that the affidavit falls within the exceptional circumstances set out in Keeprite Workers’ Independent Union et al. v. Keeprite Products Ltd. (1980), 1980 1877 (ON CA), 29 O.R. (2d) 513 (C.A.) and 142445 Ontario Limited, c.o.b. Utilities Kingston v. I.B.E.W. Local 636 et al. 2009 24643 (Div. Ct.), that permit a party to file affidavit evidence to supplement the record.
SWINTON J.
C. MCKINNON J.
HARVISON YOUNG J.
Date of Reasons for Judgment: October 29, 2014
Date of Release: October 31, 2014
CITATION: Borba v. Toronto Transit Commission, 2014 ONSC 6318
DIVISIONAL COURT FILE NO.: 214/13
DATE: 20141029
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
C. MCKINNON, SWINTON AND HARVISON YOUNG JJ.
BETWEEN:
CARLA BORBA Applicant
– and –
TORONTO TRANSIT COMMISSION and THE HUMAN RIGHTS TRIBUNAL OF ONTARIO Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: October 29, 2014
Date of Release: October 31, 2014