Graesser J

3.15: Originating application for judicial review
3.75: Adding, removing or substituting parties to originating application
3.76: Action to be taken when defendant or respondent added
13.5: Variation of time periods

Case Summary

The Applicant, a registered dental assistant, had her complaint to the Human Rights Commission discontinued. The Chief Commissioner of the Commission and Tribunals upheld the decision, and the Applicant sought Judicial Review.

Prior to the Judicial Review hearing, a procedural issue arose as to whether the professional corporation which was the subject of the initial human rights complaint should be added as a Respondent to the Application pursuant to Rules 3.75 and 3.76. There was no evidence that the professional corporation was notified of the Judicial Review Application within six months as required under Rule 3.15. Justice Graesser held that the Applicant did not comply with the necessary service requirements with respect to the professional corporation, and commented that there is only one set of Rules and they apply equally to all litigants. Time limits cannot be extended under Rule 13.5 merely because of a lack of familiarity with the requirements under the Rules. Rule 3.15 provides a deadline which is essentially “absolute”. As a result, the Application to add the professional corporation as a party was denied.

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