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Application for certiorari to intervene in ongoing Human Rights Tribunal hearing dismissed as premature.
The applicants sought an order in the nature of certiorari to intervene in an ongoing Ontario Human Rights Tribunal hearing regarding the implementation of remedial orders for workplace discrimination.
The Divisional Court dismissed the application as premature, reiterating that courts should not intervene in ongoing administrative proceedings absent unusual circumstances.
The court found no such circumstances, noting the applicants' interests were aligned with the Ministry, which was already a party, and emphasizing the chaotic consequences of granting party standing to every non-party whose conduct is raised in evidence.
Union barred from adducing evidence of an alleged scheme due to failure to cross-examine witness.
During a hearing for a related employer and sale of business application, the applicant union sought to adduce evidence from a witness regarding an alleged scheme by the responding parties' principals to avoid the union's bargaining rights.
The responding parties objected, arguing that the union had failed to put this allegation to their key witness during his earlier cross-examination, in violation of the rule in Browne v. Dunn.
The Board upheld the objection, finding that the union's failure to give the witness an opportunity to respond to the serious allegation of a scheme caused considerable prejudice.
Given the late stage of the proceedings and the lack of explanation for the delay, the Board barred the union from calling or relying on evidence relating to the witness's involvement in the alleged scheme.
