Abrams v. Topham

Abrams v. Topham

Motion for interested party status was dismissed because the applicant failed to provide sufficient information about proposed evidence and participation to allow the Tribunal to determine whether the CFSL would add significantly to the existing parties' positions or would unduly prolong the hearing.

Citation
2009 CHRT 12
Parties
Complainant: Harry Abrams; Complainant: League for Human Rights of B'nai Brith Canada; Commission: Canadian Human Rights Commission; Respondent: Arthur Topham; Respondent: RadicalPress.com; Interested Party Applicant: Canadian Free Speech League
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 April 2009
Procedural Posture
Human Rights Complaint (canadian Human Rights Act) / Motion for Interested Party Status (pre Hearing)
Outcome
Motion for interested party status dismissed
Legal Topics
Section 13 CHRA, Interested Party Status, Constitutionality Challenge, Procedural Fairness, Intervention
Source Language
English
Administrative Law Human Rights Law Constitutional Law Freedom of Expression Section 13 CHRA Interested Party Status Constitutionality Challenge Procedural Fairness +1 more

Case Brief

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Parties

Harry Abrams

Complainant

League for Human Rights of B'nai Brith Canada

Complainant

Canadian Human Rights Commission

Commission

Arthur Topham

Respondent

RadicalPress.com

Respondent

Canadian Free Speech League

Interested Party Applicant

Procedural Posture

Human Rights Complaint (canadian Human Rights Act) / Motion for Interested Party Status (pre Hearing)

Legal Issues

  1. 1 Whether the Canadian Free Speech League should be granted interested party status under s.50 of the Canadian Human Rights Act
  2. 2 Whether the CFSL would add significantly to the legal positions of existing parties representing a similar viewpoint
  3. 3 Whether CFSL's participation would unduly prolong the hearing and whether that outweighs any benefit

Ratio Decidendi

Motion for interested party status was dismissed because the applicant failed to provide sufficient information about proposed evidence and participation to allow the Tribunal to determine whether the CFSL would add significantly to the existing parties' positions or would unduly prolong the hearing.

Court Disposition

Motion for interested party status dismissed

Orders

  • The Canadian Free Speech League's motion for interested party status is dismissed