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.
