[1] The Applicant moves to strike out the affidavit of Naomi Calla sworn October 7, 2022 (the Affidavit) delivered by the Neighbourhood Link Support Services (NLSS) in response to this application for judicial review. The Applicant submits that the Affidavit fails to fall within the narrow exceptions by which a party is permitted to supplement the Record of Proceedings.
[2] The underlying application for judicial review challenges the decision of Adjudicator Overend of the Human Rights Tribunal of Ontario (HRTO) dated February 7, 2017 and the related reconsideration decision dated April 14, 2022. These decisions of the HRTO relate to the Applicant’s complaint of discrimination against his then former employer, NLSS. Unfortunately, the HRTO does not routinely record its hearings. The absence of a recording is the reason for the main issue on this motion.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
