COURT FILE NO.: 201/05
DATE: 20050812
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
farley, swinton and croll, jj.
B E T W E E N:
CHRISTIAN HORIZONS and DOROTHY GIRLING
Applicants
- and -
ONTARIO (HUMAN RIGHTS COMMISSION)
Respondent
-and -
CONNIE HEINTZ
Respondent
Adrian Miedema and
Christina Hall, for the Applicants, Christian Horizons and Dorothy Girling
Mark J. Freiman and
Rita J. Maxwell, for the Respondent, Ontario (Human Rights Commission)
No One Appearing
HEARD: August 12, 2005
FARLEY J.: (Orally)
[1] The motion to quash the judicial review application is successful. Order accordingly.
[2] Pursuant to s.39(2) of the Human Rights Code, the Commission was a party to the proceedings. A party has the discretion to enter into settlement. There is no right to have a settlement. There is no duty to enter into a settlement. There was in fact no settlement reached which included all the parties. Counsel for the Commission did not have the authority to enter into a settlement and so advised the others.
[3] The definition of “statutory power of decision” under the Judicial Review Procedure Act is:
“Statutory power of decision” means a power or right conferred by or under a statute to make a decision deciding or prescribing:
(a) the legal rights, powers, privileges, immunities, duties or liabilities of any person or party, or
(b) the eligibility of any person or party to receive, or to the continuation of a benefit or licence, whether the person or party is legally entitled thereto or not,
and includes the powers of an inferior Court.
[4] In our view, there was no legal right affected here nor any other element of (a) or (b) of that definition.
Costs:
[5] In our view, given the circumstances of this case and the various miscommunications, we would award no costs.
FARLEY J.
SWINTON J.
CROLL J.
Date of Reasons for Judgment: August 12, 2005
Date of Release: August 19, 2005
COURT FILE NO.: 201/05
DATE: 20050812
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
farley, swinton and croll, jj.
B E T W E E N:
CHRISTIAN HORIZONS and DOROTHY GIRLING
Applicants
- and -
ONTARIO (HUMAN RIGHTS COMMISSION)
Respondent
-and -
CONNIE HEINTZ
Respondent
ORAL REASONS FOR JUDGMENT
FARLEY J.
Date of Reasons for Judgment: August 12, 2005
Date of Release: August 19, 2005