The applicant brought a motion under Rule 39.03 to compel the examination of a Vice-President at Infrastructure Ontario in the context of an application for judicial review challenging the expropriation of its properties.
The applicant sought to supplement the record with evidence regarding the scope, rationale, and scheme of the expropriations.
The Divisional Court dismissed the motion, finding no reasonable evidentiary basis that the proposed witness participated in briefing the decision-maker, nor did the proposed topics fall within the limited exceptions for supplementing a record on judicial review.
