Liao v. Ontario (Human Rights Comm.)

Div.Ct. 774/98

1999-10-21

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

Date: 19991021 Court File No.: Div.Ct. 774/98

BETWEEN:

WANXIA LIAO Applicant

AND:

ONTARIO HUMAN RIGHTS COMMISSION, UNIVERSITY OF TORONTO and DAVID WATERHOUSE Respondents

Before: O'Driscoll, Paisley and Gillese JJ.

Reasons by: O'Driscoll J.

On her own behalf: Wanxia Liao

Counsel for the Commission: Naomi Oveerand

Counsel for the Respondents University of Toronto and David Waterhouse: Mark Mason

REASONS

[1] We have reviewed the material filed and heard the submissions of Ms. Liao on her motion under s. 21(b) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 to set aside and/or vary the Order of Matlow J. dated June 22, 1999. In that order Matlow J. said, in part:

Order to go requiring the OHRC to deliver forthwith to the Registrar of the Court copies of all documentary evidence pertaining to this application in its possession. I direct that such copies be inserted in a sealed container which is to remain sealed until it is delivered to the panel hearing the application when it shall be used as directed by the panel.

It is agreed that the Ontario Human Rights Commission has complied with and fulfilled the Order of Matlow J. of June 22, 1999.

[2] The Applicant Ms. Liao asks this panel of the Divisional Court to order that the sealed container be opened now, and that she be given access to the contents of the container. As I said, having reviewed the material filed and her submissions, we find no basis to either vary or set aside the decision of Matlow J. and the motion is denied.

[3] I have endorsed the back of the Motion Record as follows:

The application for adjournment and the application under s. 19(1)(b) of the Courts of Justice Act to vary the Order of Matlow J., dated June 22, 1999, are both dismissed for the oral reasons given for the Court by O'Driscoll J.

The Respondents do not ask for costs — no order as to costs.