Court File and Parties
Court File No.: 405/10
Ontario
Superior Court of Justice
(Divisional COurt)
The Honourable Cunningham
The Honourable Thomas
Tuesday the 28th of June 2011
The Honourable Ferrier
TORONTO COMMUNITY HOUSING CORPORATION and mary Richardson and Natalie Patel Applicants
– and –
randolph boyce and Human Rights Tribunal of Ontario and Ontario Public Service Employees Union Respondents
ORder
This Motion made jointly by the Applicants, Toronto Community Housing Corporation, Mary Richardson, Natalie Patel, and the Respondents, the Human Rights Tribunal of Ontario and Randolph Boyce for an Order allowing the Application for Judicial Review and returning this matter to the Human Rights Tribunal of Ontario to be adjudicated in a new hearing before a different adjudicator, and, pursuant to Rule 2.01(a) of the Rules of Civil Procedure, for relief from complying with notice provisions and other requirements of the Rules of Civil Procedure normally required to bring motions to this Court, was heard this day with the consent of all the parties who have served and filed a Notice of Appearance in relation to this Judicial Review Application at Osgoode Hall, 130 Queen Street West, in Toronto, Ontario. This motion is in writing.
ON READING the consent of the parties,
THIS COURT ORDERS THAT the parties are relieved from complying with notice provisions and other requirements of the Rules of Civil Procedure that would normally have been required to bring this motion to this Court;
THIS COURT ORDERS THAT decisions:
a. 2010 HRTO 520 “Decision” (referred to in the Applicants’ materials as the “Liability Decision”) dated April 7, 2010;
b. 2010 HRTO 1110 “Reconsideration Decision” dated May 18, 2010;
c. 2010 HRTO 1824 “Interim Decision” dated September 7, 2010; and
d. 2010 HRTO 827 “Decision on Remedy” dated April 28, 2011
of the Human Rights Tribunal of Ontario are hereby quashed;
THIS COURT ORDERS THAT this matter shall be adjudicated in a hearing de novo before a differently constituted panel of the Human Rights Tribunal of Ontario;
THIS COURT ORDERS THAT the parties shall bear their own costs.
Toronto Community Housing, et al
and
Boyce, et al.
File No. 405/10
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT Proceeding commenced at TORONTO
ORDER
Orna Raubfogel Counsel for the Applicants Toronto Community Housing Corporation, Richardson, and Patel 931 Yonge Street, 7th Floor Toronto, ON M4W 2H2 T: 416-981-4123 F: 416-981-4234