Lindo v. Royal Bank of Canada
T-931-98
Gibson J.
25/1/99
15 pp.
Application-Material in possession of Tribunal-Canadian Human Rights Commission objecting pursuant to r. 318(2) to provision to Court of certain materials pursuant to request made under r. 317-R. 317 permitting party to request provision of material relevant to application in possession of tribunal whose order subject of application, and not in possession of requesting party-Applicant seeking judicial review of Commission's dismissal of complaint alleging discrimination in employment on basis of age, race-Materials requested much more extensive than those actually filed-Issue whether materials requested relevant-Canada (Human Rights Commission) v. Pathak, [1995] 2 F.C. 455 (C.A.), dealing with appeal from order of Federal Court Trial Division directing Commission to file certified copies of certain documents, essentially rejecting objection similar to that herein-Pathak binding-If application for judicial review alleging bias on part of investigators who conducted investigation, leading to presentation to Commission of allegedly biased report, that ground might have provided basis to go behind report of investigators, but no such allegation made-Allegation same as that before Federal Court of Appeal in Pathak-In fact, allegation investigation incomplete in nature of allegation of denial of natural, fundamental justice before Court in Pathak-Commission's objection sustained-Federal Court Rules, 1998, SOR/98-106, rr. 317, 318.