The respondent union brought a motion to strike portions of an affidavit and factum filed by the applicant employer in an application for judicial review of an arbitration award.
The employer alleged the arbitrator breached natural justice by deciding a classification issue without allowing it to lead evidence.
The court dismissed the motion, finding the affidavit evidence, including an expert report, was admissible as an exception to the general rule against supplementing the record on judicial review, because it was necessary to demonstrate the alleged breach of natural justice.
