The moving party, the College of Nurses of Ontario, brought a motion to introduce further evidence on an appeal to address the appellant's allegation of a denial of procedural fairness.
The appellant brought a cross-motion to adduce responding evidence.
The single judge of the Divisional Court held that pursuant to s. 134(4)(b) of the Courts of Justice Act and Rule 61.16(2), a motion to admit further evidence on appeal must be made to the panel hearing the appeal.
Accordingly, the single judge lacked jurisdiction and adjourned the motion and cross-motion to be heard by the appeal panel.
