The applicants sought urgent judicial review of an interim order by the Human Rights Tribunal of Ontario that required them to call ten specific witnesses and produce will-say statements for them.
The Tribunal had amended the complaint mid-hearing and ordered the applicants to call these witnesses to bridge the evidentiary gap.
The Divisional Court granted the application and quashed the order, holding that the Tribunal's inquisitorial approach breached natural justice and procedural fairness by depriving the applicants of their right to control their own defence in an adversarial proceeding.