McAleer v. Canada ( Human Rights Commission )
A-282-94
Stone J.A.
29/9/97
3 pp.
Appeal from Trial Division decision quashing appellant's application for judicial review of HRT decision-Only issue whether Motions Judge erred in quashing application for judicial review-Grounds for motion to quash: application not supported by any affidavits verifying facts relied on as required by R. 1603(1)-Filing affidavit by party seeking to have decision judicially reviewed and set aside important and necessary-Rule that evidence to be provided by affidavits not mere question of technicality; ensuring no one hurt by allegations one does not have chance to challenge: IBM Canada Ltd. v. Deputy M.N.R., Customs and Excise, [1992] 1 F.C. 663 (C.A.)-R. 1603(1), as written, admitting of no exception-Appeal dismissed-Federal Court Rules, C.R.C., c. 663, R. 1603(1) (as enacted by SOR/92-43, s. 19).