Kalevar v. Liberal Party of Canada, docket T-472-00

Date: 20001031

Docket: T-472-00

BETWEEN:

CHAITANYA K. KALEVAR

Applicant

-and-

LIBERAL PARTY OF CANADA

and MR. J. BHADURIA

Respondents

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]      The application in which the motion before me arises impugns the Canadian Human Rights Commission ("CHRC") decision not to deal with the Applicant's complaint because CHRC concluded the complaint was beyond its jurisdiction. The Applicant has brought an application for judicial review of that CHRC decision. The matter for this Court to decide is whether the CHRC reached its decision that it did not have jurisdiction in a correct manner and for that purpose the Court looks at the facts before the Commission and the manner in which the Commission proceeded. It is not open to this Court on this application to decide whether the Liberal Party of Canada dealt correctly with the Applicant or to consider his complaints about the Party to the CHRC.

[2]      By the motion before me, the Applicant seeks leave to file a supplementary affidavit. The supplementary affidavit submitted deals among other things with correspondence since the CHRC made the impugned decision on the 1^st of February, 2000. Such correspondence could not have been before the Board and is therefore irrelevant. The other exhibits to the affidavit, some of which do not appear to be properly identified in the affidavit itself, all deal with facts which if before the Commission will be in the Commission's record, and if not before the Commission, were therefore not considered by it and would be irrelevant to the decision of this Court.

[3]      The motion for leave to file the supplemental affidavit must therefore be dismissed.

ORDER

[4]      The motion for leave to file a supplemental affidavit is dismissed. The Applicant being out of time to file a record, on my own motion, I extend the time for filing the Applicant's record to the 14^th day after the date of this Order at 11:00 a.m. If the Applicant does so file a record, the Respondent may have 14 days thereafter to file a supplementary record. If the Respondent files a supplementary record, the Applicant may have 10 days after such filing to file any reply.

                                 "Peter A. K. Giles"

     A.S.P.

Toronto, Ontario

October 31, 2000

FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      T-472-00

STYLE OF CAUSE:                  CHAITANYA K. KALEVAR

     Applicant

- and -

LIBERAL PARTY OF CANADA

                         and MR. J. BHADURIA

     Respondents

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                  GILES A.S.P.

                            

DATED:                      TUESDAY, OCTOBER 31, 2000

WRITTEN SUBMISSIONS:          Mr. Chaitanya K. Kalevar

For the Applicant, on his own behalf

SOLICITORS OF RECORD          Chaitanya K. Kalevar

                         159 Glenholme Avenue

                         Toronto, Ontario

                         M6E 3C5

For the Applicant, on his own behalf

Fasken Martineau Dumoulin LLP

                         Barristers & Solicitors

                         Toronto Dominion Centre

                         Box 20

                         Toronto, Ontario

                         M5K 1N6

                        

For the Respondent, The Liberal Party of Canada

                         Perley-Robertson Hill & McDougall LLP

                         Barristers & Solicitors

                         90 Sparks Street

                         Ottawa, Ontario

                         K1P 1E2

                             For the Respondent, Mr. J. Bhaduria     

                         FEDERAL COURT OF CANADA

                                 Date: 20001031

         Docket: T-472-00

                         Between:

CHAITANYA K. KALEVAR

     Applicant

                         - and -

LIBERAL PARTY OF CANADA

                         and MR. J. BHADURIA

     Respondents

                    

                        

        

REASONS FOR ORDER

AND ORDER