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Motion to vary granted in part to admit limited affidavit evidence on judicial review.
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.