The applicant, a university student seeking judicial review of an academic decision, brought a motion to examine witnesses, strike an affidavit, and cross-examine opposing counsel.
The respondents brought a cross-motion arguing a prior settlement agreement restricted the applicant to examining only specific personal respondents.
The Divisional Court dismissed the motion to strike the affidavit and cross-examine counsel, finding no basis for either.
The court also dismissed the respondents' cross-motion, interpreting the settlement agreement as only restricting the examination of the named personal respondents, not other witnesses.
The court granted the applicant's request to examine the Chair of the Senate Committee to explore issues of procedural fairness.
