Virginia Duarte Walsh

The York University Staff Association (YUSA) and the Black Legal Action Centre (BLAC) brought motions for leave to intervene in a judicial review of a Human Rights Tribunal of Ontario decision.

YUSA sought to intervene as an added party under Rule 13.01, while BLAC sought to intervene as a friend of the Court under Rule 13.02.

The applicant consented, but the respondent university opposed.

The Divisional Court granted both motions, finding that YUSA had a significant interest in the workplace procedures at issue and that BLAC would provide a useful systemic perspective on anti-Black racism without expanding the issues or causing undue delay.

Two organizations, York University Staff Association (YUSA) and Black Legal Action Centre (BLAC), sought leave to intervene in an application for judicial review of a Human Rights Tribunal of Ontario decision.

The underlying decision dismissed most of the applicant's discrimination claims for being outside the one-year limitation period.

The Divisional Court dismissed both motions for leave to intervene.

The court found that YUSA did not have a direct interest in the narrow limitation period issue before the court, and that BLAC would not provide a distinct perspective from the applicant and risked introducing irrelevant peripheral issues.