COURT FILE NO.: 252/06
DATE: 20061018
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GROUND, E. MACDONALD AND AITKEN, JJ.
B E T W E E N:
NURI JAZAIRI
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION
Respondent
In Person
Cathy Pike and Allyssa Case, for the Respondent
HEARD at Toronto: October 18, 2006
GROUND J.: (Orally)
[1] The affidavit sought to be struck was prepared in response to the application for an expedited hearing pursuant to subsection 6(2) of the Judicial Review Procedure Act and to provide a time frame of the complaint process to address the issues of urgency and inordinate delay amounting to prejudice, procedural unfairness or abuse of process.
[2] The affidavit does not purport to include every one of the multitudinous communications and documents involved in this lengthy proceeding. Nor, in our view are the statements made in the affidavit contentious. It addresses only factual matters within the knowledge of the Registrar.
[3] The Court accepts the submissions of the Commission that, if the Applicant considered the affidavit to be incomplete or misleading, he was free to cross-examine Ms. Kalimootoo on the affidavit or to file a responding affidavit, as he has done, to complete the record. We find no basis on which to conclude that the affidavit is in anyway prejudicial to the applicant, scandalous, frivolous, vexatious or an abuse of the process of the Court, or that it does not comply with Rule 4.06 or Rule 39.01.
[4] The motion is accordingly dismissed. No costs with respect to the motion.
GROUND J.
E. MACDONALD J.
AITKEN J.
Date of Reasons for Judgment: October 18, 2006
Date of Release: October 23, 2006
COURT FILE NO.: 252/06
DATE: 20061018
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GROUND, E. MACDONALD AND
AITKEN, JJ.
B E T W E E N:
NURI JAZAIRI
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION
Respondent
ORAL REASONS FOR JUDGMENT
GROUND J.
Date of Reasons for Judgment: October 18, 2006
Date of Release: October 23, 2006