Court File and Parties

COURT FILE NO.: 06-DV-1225 DATE: 2007/10/23

DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE

RE: 1233065 ONTARIO INC. (OTTAWA SENIOR CHINESE CULTURAL ASSOCIATION) O/A OTTAWA CHINESE SENIOR ASSOCIATION, FENG XU and SHEN GUO, Appellants v. ONTARIO HUMAN RIGHTS COMMISSION and DAIMING HUANG, Respondents

BEFORE: CUNNINGHAM, BROWNE, FERRIER JJ.

COUNSEL: Craig Collins-Williams and Laura Bradshaw, for the Appellants Raj Dhir, for the Respondent, the Ontario Human Rights Commission Peter A. Downard, for the Respondent, Daiming Huang

Endorsement

BY THE COURT:

[1] The appellants seek the relief of a hearing of the complaint before a differently constituted Tribunal. They argue that the principles of natural justice and procedural fairness are so questionable that on balance a further hearing is required so that justice can seem to be done.

[2] The evidence deals with much conflicting attempts at service to various addresses and or using various telephone numbers. The corporate search addresses do not appear to have been used. Communications were made. There is a suspicion of evasion. There is a suspicion of a lack of due diligence. The language issue is real. The Association has a member who assists in translating. That service was not used.

[3] On balance, we conclude that procedural fairness does not on this record appear to have been achieved. In the result, there shall be a new hearing before a differently constituted Tribunal.

[4] Counsel for the appellants shall have a duty to advise the Tribunal of proper addresses for service.

[5] Submissions have been made on costs. In the result, we conclude this is not a case where costs should be ordered. No order as to costs.

Mr. Justice J. D. Cunningham

Mr. Justice E.R. Browne

Mr. Justice L.K. Ferrier

Released: October 23, 2007

COURT FILE NO.: 06-DV-1225 DATE: 2007/10/23

DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE

RE: 1233065 ONTARIO INC. (OTTAWA SENIOR CHINESE CULTURAL ASSOCIATION) O/A OTTAWA CHINESE SENIOR ASSOCIATION, FENG XU and SHEN GUO v. ONTARIO HUMAN RIGHTS COMMISSION and DAIMING HUANG

ENDORSEMENT

Mr. Justice J. D. Cunningham Mr. Justice E.R. Browne Mr. Justice L.K. Ferrier

Released: October 23, 2007