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Motions to strike granted; individual commissioners, Crown respondents, and extrinsic affidavit removed from judicial review application.
The applicant sought judicial review of the Ontario Human Rights Commission's decision not to refer his race discrimination complaint to a tribunal.
The Commission and Crown respondents brought motions to strike individual commissioners, employees, and Crown entities as parties, and to strike the applicant's affidavit.
The Divisional Court granted the motions, finding that only the Commission exercises a statutory power of decision, the Crown respondents had no role in the proceedings, and the applicant's affidavit contained inadmissible extrinsic evidence and argument not before the Commission.
Human rights complaint by foreign-trained doctor terminated from residency program dismissed for lack of discrimination.
The complainant, a foreign-trained medical doctor, alleged discrimination on the basis of age, place of origin, and ethnic origin after being terminated from an unfunded residency program in ophthalmology at the University of Toronto.
The Board of Inquiry found that the admissions process for funded positions was competitive and non-discriminatory.
The complainant was offered an unfunded position as an act of compassion but ultimately failed his examinations on multiple occasions.
The Board concluded that the complainant was evaluated fairly and dismissed the complaint, finding no evidence of unlawful discrimination.
