PRACTICE |
Parties |
Nourhaghighi v. Canada (Human Rights Commission)
T-1535-00
Gibson J.
22/1/01
30 pp.
Application for judicial review of Canadian Human Rights Commission's refusal to conduct investigations into conduct, with regard to Mr. Nourhaghighi, of named respondents other than Attorney General of Canada, Canadian Human Rights Commission giving rise to several motions to dismiss application against respondents--Federal Court Rules, 1998, r. 303 requiring applicant to name as respondent every person directly affected by order sought in application, other than tribunal in respect of which application brought--David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (C.A.) making it very clear that, except in extraordinary circumstances, consideration of application for judicial review, on its merits should not be delayed or otherwise impeded by motions to strike--Although exception to general rule exists, only arising in "very exceptional" cases--Onus on applicants onerous--Applications for judicial review should be dealt with expeditiously and with minimum of interlocutory procedures--Essentially Nourhaghighi seeking to require Canadian Human Rights Commission to conduct investigations into activities of other named respondents, as those activities affected him--Respondents other than Attorney General of Canada, Commission not persons who might be "directly affected" within meaning of r. 303(1)(a) by any order properly granted on Nourhaghighi's originating application--Commission, being tribunal in respect of which application brought, specifically excluded from ambit of that paragraph--R. 303(2) applies--Appropriate respondent Attorney General of Canada--To grant orders would facilitate, rather than impede, progress of litigation--Strong likelihood such decision would be appealed, resulting in needless expenditure of public, private funds--But if relief not granted, needless expenditure of private funds--Nourhaghighi disputing right of various respondents to bring applications in light of failure to file appearances--Respondents before Court who had not filed appearances, orally applied for extension of time to file; extension granted; appearances filed--Issue regarding appearances technical; should not stand in way of removal of respondents where result of failure to remove them would complicate process, increase cost, delay ultimate resolution--Motion for order requiring counsel to "show cause for contempt" adjourned--Orders to go striking all moving parties, except Attorney General of Canada, Dennis Osborne--Motion for security for costs adjourned sine die--Federal Court Rules, 1998, SOR/98-106, r. 303.