The applicants sought judicial review of a Toronto Licensing Tribunal decision revoking their tow truck operator licenses.
They argued the Tribunal breached procedural fairness by refusing an adjournment when their agent failed to appear, instead allowing two police witnesses to testify in chief.
The majority of the Divisional Court dismissed the application, finding that the agent's subsequent refusal to cross-examine the witnesses and the Tribunal's overall fair conduct cured any initial prejudice.
A dissenting judge would have ordered a new hearing, finding the initial refusal to adjourn and the admission of highly prejudicial, uninterrupted testimony fundamentally unfair.