Katherine S. N. Rowen

During the hearing of an application for judicial review, the applicant's counsel requested an adjournment and leave to file additional evidence towards the end of his submissions.

The opposing counsel objected, noting they had never seen the document.

The Divisional Court denied the requests, finding it totally inappropriate to raise the issue at the end of submissions when the application had been commenced over a year prior and listed for hearing for over nine months.

The applicant sought judicial review of two Human Rights Tribunal of Ontario decisions dismissing his complaints against his former employer, the TTC, and his union.

The TTC complaint was dismissed because the applicant had previously signed a settlement agreement releasing all claims, and the union complaint was dismissed for having no reasonable prospect of success due to a lack of particulars.

The Divisional Court dismissed the application for judicial review, finding that the Tribunal's procedures were fair and its decisions were reasonable.