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Canada ( Attorney General ) v. Bernard

T-1927-93

McGillis J.

28/10/93

3 pp.

Application by Canadian Human Rights Commission to be added as party respondent in judicial review proceedings challenging Commission's decision to extend time for considering respondent's complaint -- Federal Court Rule 1602(3) providing application for judicial review shall name as respondent "any interested person who is adverse in interest to applicant in proceedings before the federal board, commission or other tribunal" -- R. 1600 defining "interested person" as being "person who was heard in proceeding before federal board" -- Commission not "interested person" -- R. 1611 permitting federal board, commission or other tribunal in respect of whose decision application made to apply to intervene -- Rules precluding addition of Commission as party respondent in judicial review proceedings challenging own decision -- Only permitting participation as intervenor at discretion of Court under R. 1611 -- Although role of Commission before Court considered in Canada (Attorney General) v. Canadian Human Rights Commission and Boone (1993), 60 F.T.R. 142 (F.C.T.D.), status of Commission as party respondent not challenged before Court -- Although Attorney General consenting to application to intervene, Commission declining offer -- Federal Court Rules, C.R.C., c. 663, RR. 1600 (as enacted by SOR/92-43, s. 19), 1602(3) (as enacted idem), 1611 (as enacted idem).

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