COURT OF APPEAL FOR ONTARIO

CITATION: Jogendra v. Ontario (Human Rights Tribunal), 2012 ONCA 71

DATE: 20120202

DOCKET: C53981

Simmons, Armstrong and Rouleau JJ.A.

BETWEEN

Regis Jogendra

Moving Party (Appellant)

and

Human Rights Tribunal of Ontario and David Muir

Respondents (Respondents)

Regis Jogendra, in person

Freya Kristjanson, for the Human Rights Tribunal

Judie Im, for David Muir

Heard and released orally: February 1, 2012

On appeal from the order of Justice Duncan Grace of the Superior Court of Justice, dated June 1, 2001.

APPEAL BOOK ENDORSEMENT

[1] We do not interpret the letter dated April 21, 2010 from the registrar of the Human Rights Tribunal as directing or inviting the appellant to institute an application under s. 16 of the Public Officers Act. The letter requested submissions on the issue of bias and indicated further directions would be provided once the submissions were received. Prior to instituting his s. 16 application the appellant never made submissions advancing the position the Tribunal was biased. The purpose of the reference to the Public Officers Act was to provide information.

[2] Nor do we interpret Moore J.'s comments at a scheduling conference relating to the appellant's s. 16 application as giving directions concerning whether the appellant's Human Rights complaint could proceed pending determination of the s. 16 application. In any event, we fail to see how the propriety of proceeding with the Human Rights complaint is before us.

[3] Finally, we agree with the application judge's conclusion that, in the circumstances of this case, the s. 16 application should be dismissed. There was no foundation in the record for concluding that the Human Rights Tribunal as a whole was disqualified by interest from acting.

[4] The appeal is therefore dismissed.

[5] Costs are to the respondents on a partial indemnity scale inclusive of disbursements and applicable taxes fixed in the amount of $2,500 for the Human Rights Tribunal and $1,500 for Mr. Muir.

[6] The appellant shall have 10 days following receipt of any draft order to respond, failing which he shall be deemed to have approved the draft order.