Date: 20001031
Docket: T-472-00
BETWEEN:
CHAITANYA K. KALEVAR
Applicant
-and-
LIBERAL PARTY OF CANADA
and MR. J. BHADURIA
Respondents
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The application in which the motion before me arises impugns the Canadian Human Rights Commission ("CHRC") decision not to deal with the Applicant's complaint because CHRC concluded the complaint was beyond its jurisdiction. The Applicant has brought an application for judicial review of that CHRC decision. The matter for this Court to decide is whether the CHRC reached its decision that it did not have jurisdiction in a correct manner and for that purpose the Court looks at the facts before the Commission and the manner in which the Commission proceeded. It is not open to this Court on this application to decide whether the Liberal Party of Canada dealt correctly with the Applicant or to consider his complaints about the Party to the CHRC.
[2] By the motion before me, the Applicant seeks leave to file a supplementary affidavit. The supplementary affidavit submitted deals among other things with correspondence since the CHRC made the impugned decision on the 1st of February, 2000. Such correspondence could not have been before the Board and is therefore irrelevant. The other exhibits to the affidavit, some of which do not appear to be properly identified in the affidavit itself, all deal with facts which if before the Commission will be in the Commission's record, and if not before the Commission, were therefore not considered by it and would be irrelevant to the decision of this Court.
[3] The motion for leave to file the supplemental affidavit must therefore be dismissed.
ORDER
[4] The motion for leave to file a supplemental affidavit is dismissed. The Applicant being out of time to file a record, on my own motion, I extend the time for filing the Applicant's record to the 14th day after the date of this Order at 11:00 a.m. If the Applicant does so file a record, the Respondent may have 14 days thereafter to file a supplementary record. If the Respondent files a supplementary record, the Applicant may have 10 days after such filing to file any reply.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
October 31, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-472-00 |
| STYLE OF CAUSE: CHAITANYA K. KALEVAR |
Applicant
| - and - |
| LIBERAL PARTY OF CANADA |
and MR. J. BHADURIA
Respondents
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
DATED: TUESDAY, OCTOBER 31, 2000
| WRITTEN SUBMISSIONS: Mr. Chaitanya K. Kalevar |
| For the Applicant, on his own behalf |
| SOLICITORS OF RECORD Chaitanya K. Kalevar |
159 Glenholme Avenue
Toronto, Ontario
M6E 3C5
| For the Applicant, on his own behalf |
| Fasken Martineau Dumoulin LLP |
Barristers & Solicitors
Toronto Dominion Centre
Box 20
Toronto, Ontario
M5K 1N6
| For the Respondent, The Liberal Party of Canada |
Perley-Robertson Hill & McDougall LLP
Barristers & Solicitors
90 Sparks Street
Ottawa, Ontario
K1P 1E2
For the Respondent, Mr. J. Bhaduria
FEDERAL COURT OF CANADA
Date: 20001031
Docket: T-472-00
Between:
| CHAITANYA K. KALEVAR |
Applicant
- and -
| LIBERAL PARTY OF CANADA |
and MR. J. BHADURIA
Respondents
| REASONS FOR ORDER |
| AND ORDER |