Court File and Parties
CITATION: Bello v. Toronto Transit Commission, 2014 ONSC 5531
DIVISIONAL COURT FILE NO.: 310/13
DATE: 20140923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SACHS, HARVISON YOUNG AND GRACE JJ.
BETWEEN:
ROYE BELLO
Applicant
– and –
TORONTO TRANSIT COMMISSION, AMALGAMATED TRANSIT UNION, LOCAL 113, and ONTARIO HUMAN RIGHTS TRIBUNAL
Respondents
Ernest J. Guiste, for the Applicant
Steve Lavander, for the Respondent, Toronto Transit Commission
Katherine S. N. Rowen¸ for the Respondent, Amalgamated Transit Union, Local 113
Brian A. Blumenthal, for the Respondent, Human Rights Tribunal of Ontario
HEARD at Toronto: September 23, 2014
Oral Reasons for Judgment
SACHS J. (orally)
[1] Towards the end of his submissions, the applicant’s counsel requested for the first time leave to file additional evidence consisting of one document that he now asserts was before the Tribunal. He has requested an adjournment to ascertain whether this was indeed the case.
[2] Opposing counsel have never seen the document and object to its admission and to the request for an adjournment.
[3] This application for judicial review was commenced over a year ago and the matter was listed for hearing over nine months ago. At no time was any issue with respect to this document ever raised and nor was this document ever included in the material.
[4] It is totally inappropriate to raise the issue at the end of the applicant’s submissions. To permit such behaviour would seriously compromise this Court’s ability to dispose of judicial review applications in an orderly and fair way.
[5] For these reasons, the request for an adjournment is denied as is the request to admit the document at issue.
SACHS J.
HARVISON YOUNG J.
GRACE J.
Date of Reasons for Judgment: September 23, 2014
Date of Release: September 29, 2014
CITATION: Bello v. Toronto Transit Commission, 2014 ONSC 5531
DIVISIONAL COURT FILE NO.: 310/13
DATE: 20140923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SACHS, HARVISON YOUNG AND GRACE JJ.
BETWEEN:
ROYE BELLO
Applicant
– and –
TORONTO TRANSIT COMMISSION, AMALGAMATED TRANSIT UNION, LOCAL 113, and ONTARIO HUMAN RIGHTS TRIBUNAL
Respondents
ORAL REASONS FOR JUDGMENT
SACHS J.
Date of Reasons for Judgment: September 23, 2014
Date of Release: September 29, 2014