The applicant brought a motion under s. 21(5) of the Courts of Justice Act to set aside an order of a motions judge in a judicial review proceeding arising from an employment dispute with Tim Hortons Inc. The applicant argued that his wife should be added as a party, that the record of proceedings was incomplete, and that the respondents' facta should be struck.
The Divisional Court dismissed the motion, finding no error by the motions judge.
The court confirmed that the applicant's wife was not a proper party to the employment litigation, the record of proceedings was complete, and there was no basis to strike the facta or find a reasonable apprehension of bias.
