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Civil and Administrative
Litigation Opinions
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Administrative - Practice

. The Centre for Israel and Jewish Affairs v. Minister of Public Affairs and Business Delivery and Procurement

In The Centre for Israel and Jewish Affairs v. Minister of Public Affairs and Business Delivery and Procurement, (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a JR, here brought against a decision of "the Director under the Discriminatory Business Practices Act" (DBPA) which disagreed that provisions of "two agreements the University of Windsor entered into with student groups in the context of protest encampments on university property" violated the DBPA.

The case illustrates (what to me) is a frequent and obvious fairness violation - that of disregarding a written argument because the party "did not focus on this submission in oral argument". This fairness 'sin' may be committed in any of administrative tribunal, judicial review and appeal hearings, and - IMHO at the very least - requires the adjudicator to inquire of the submitting party whether they consent to the practice or not:
[23] Although the University raised the question of prematurity in its written material, it did not focus on this submission in oral argument. We therefore decline to address it.


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Last modified: 30-10-25
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