Hilary Jarvis

The applicant, a former NHL referee, sought judicial review of an Ontario Labour Relations Board decision which dismissed his complaint that his termination was tainted by anti-union animus.

The applicant argued the Board applied the wrong legal standard of proof and made several evidentiary errors.

The Divisional Court dismissed the application, finding the Board's decision was reasonable, applied the correct legal test, and was based on a thorough assessment of the evidence.

The applicant, a former NHL referee, brought a motion to vary an order that quashed his affidavit filed in support of an application for judicial review of an Ontario Labour Relations Board decision.

The Divisional Court allowed the motion in part, finding that the motions judge erred in striking portions of the affidavit that went to an essential finding of fact regarding anti-union animus and alleged denials of procedural fairness.

The court reinstated specific paragraphs of the affidavit while upholding the exclusion of the remainder.

The applicant, a former NHL referee, sought judicial review of an Ontario Labour Relations Board decision dismissing his claim that he was terminated for union activity.

On the judicial review application, the applicant filed a 32-page affidavit.

The respondent NHL brought a motion to strike the affidavit.

The Divisional Court granted the motion, holding that affidavit evidence on judicial review is only admissible to show a complete absence of evidence on an essential point or a breach of natural justice.

The court found the applicant was improperly attempting to re-weigh the evidence before the Board.