The appellant appealed an order imposing a $500,000 administrative monetary penalty for misleading business practices under the Competition Act.
He argued he was deprived of a fair hearing due to ineffective counsel and sought to adduce fresh evidence.
The Court of Appeal dismissed the appeal, finding the application judge had no independent obligation to adjourn the hearing to allow the appellant to adduce evidence.
The court also upheld the quantum of the penalty and refused to admit the fresh evidence, as it would not have affected the result.