The respondent union brought a motion to strike an affidavit filed by the applicant employers on an application for judicial review of a labour arbitrator's interim award.
The employers brought a cross-motion to strike portions of an affidavit filed by the union, and sought a confidentiality order over certain competition documents if they were retained in the record.
The Divisional Court granted the union's motion, striking the employers' affidavit as it improperly attempted to expand the evidentiary record and advance argument.
The court partially granted the cross-motion, striking the parties' submissions before the arbitrator but retaining communications with the arbitrator and the competition documents.
The court dismissed the request for a confidentiality order, finding the employers failed to establish a sufficiently important commercial interest to displace the open court principle.
