Michael McCreary

The applicant brought a motion to set aside an order denying its request to file an affidavit as part of its record in an application for judicial review of an Ontario Labour Relations Board decision.

The applicant argued that the affidavit was necessary to show the Board's findings of fact were unreasonable.

The Divisional Court dismissed the motion, finding no error of law by the motion judge, who was bound by established precedent that restricts the admission of new affidavit evidence on judicial review.

The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing its unfair labour practice complaint and challenges to a representation vote.

The applicant argued the Board breached procedural fairness by making adverse credibility findings without holding an oral hearing.

The Divisional Court dismissed the application, finding that while it is a well-settled principle that adverse credibility findings should not be made without an oral hearing when central to a decision, the credibility findings in this case were irrelevant and easily severable from the determinative issues.