The respondent, ErinoakKids, brought a motion seeking to strike affidavits, dismiss the application for judicial review due to the applicant's litigation guardian's failure to attend cross-examination, or compel cross-examination.
The motion also addressed the mootness of the underlying judicial review application due to recent policy changes in autism funding eligibility.
The court ordered the litigation guardian to attend cross-examination, reserved the issues of striking affidavits and mootness to the Divisional Court, and awarded costs to ErinoakKids for an unnecessary recusal motion brought by the applicant.
