2019 FC, 2019 FC 1289

Date: 20191010 Docket: 19-T-55 Citation: 2019 FC 1289 Ottawa, Ontario, October 10, 2019 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: RAJBIR SINGH Applicant and CANADIAN HUMAN RIGHTS COMMISSION and THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA Respondents ORDER AND REASONS [ 1 ] This is a motion brought in writing under Rule 369 by Rajbir Singh seeking an extension of time to file a Notice of Application in this proceeding. The motion is opposed by the Respondents on the basis that Mr.

Singh has failed to demonstrate that his proposed claim to relief has some merit, and that he has a reasonable explanation for the entire period of delay. [ 2 ] Mr. Singh’s proposed application concerns a decision by the Canadian Human Rights Commission dated June 25, 2019, dismissing his complaint under s 44(3)(b)(

i) of the Canadian Human Rights Act , RSC 1985, c H-6 . [ 3 ] A motion to extend time to bring an application under s 18.1 of the Federal Courts Act , RSC 1985, c F-7 , can only be granted where four conditions are established. They are:

a) a continuing intention to pursue the application;

b) the application has some merit;

c) the absence of prejudice to the opposite party; and

d) that a reasonable explanation is given for the entirety of the delay. [ 4 ] It is well established that the Commission is not an adjudicative body. Its role is to review the merits of complaints and to determine which of them ought to go forward to a more in-depth inquiry. This is a highly discretionary screening role and this Court will not lightly intervene in the Commission’s choices: see Berrada v Westjet , 2015 FC 539 at paras 21-27 [ Berrada ]. [ 5 ] Having reviewed Mr.

Singh’s complaint and the Commission’s decision, I am satisfied that his application for judicial review has no reasonable chance of success and the motion must be dismissed on that basis. I am also not satisfied that Mr. Singh has adequately explained why he has taken three months to bring this motion after being advised around July 26, 2019, that his application was incomplete and out of time. The most favourable inference I can draw from Mr. Singh’s affidavit is that he was confused by the process but failed to act promptly to rectify that confusion and his filing errors.

This evidence fails to justify the entire period of delay. [ 6 ] As in the Berrada decision, above, Mr. Singh has failed to identify any issue indicative of a possible error by the Commission in dismissing his complaint or one that would support an argument that the decision was unreasonable. Indeed, Mr. Singh’s lengthy complaint to the Commission failed to identify any specific circumstances that might be construed as discriminatory.

In the absence of any factual allegations of discrimination, it was open to the Commission to dismiss the complaint on the ground that further inquiry was not warranted. [ 7 ] For the foregoing reasons, this motion is dismissed. [ 8 ] The Respondents have not requested costs and none are awarded. ORDER in 19-T-55 THIS COURT ORDERS that the motion is dismissed without costs. "R.L. Barnes" Judge

FEDERAL COURT SOLICITORS OF RECORD DOCKET: 19-T-55 STYLE OF CAUSE: RAJBIR SINGH v CANADIAN HUMAN RIGHTS COMMISSION and THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES ORDER AND REASONS: BARNES J. DATED: october 10, 2019 WRITTEN REPRESENTATIONS BY : Rajbir Singh For The Applicant (ON HIS OWN BEHALF) Kareena R. Wilding For The Respondents SOLICITORS OF RECORD : Attorney General of Canada Toronto, Ontario For The Respondents