The moving parties (respondents in a judicial review application) brought a motion to strike twelve affidavits filed by the responding parties.
The underlying application challenged a university tribunal's decision to suspend several tenured professors for workplace harassment.
The court struck the affidavit of an expert witness because it improperly opined on Ontario law.
However, the court declined to strike the remaining affidavits, finding that the evidence regarding the pre-hearing investigation, hearing process, and post-hearing impacts was relevant to the responding parties' procedural fairness arguments and should be assessed by the panel hearing the judicial review.
