The applicant sought judicial review of a final level response to a defamation grievance.
The certified tribunal record omitted the applicant's final submissions and attachments.
The respondent conceded the omission but argued the level of procedural fairness owed was minimal.
The Court held that even at the low end of the procedural fairness spectrum, the decision-maker must consider final submissions.
The application was allowed, the decision was set aside, and the matter was remitted to a different decision-maker.
Costs of $1,000 were awarded to the self-represented applicant.