The applicant moved to strike out an affidavit delivered by the respondent in response to an application for judicial review of a Human Rights Tribunal of Ontario decision.
The applicant argued the affidavit did not fall within the narrow exceptions permitting a party to supplement the record of proceedings.
The court found that the bulk of the affidavit improperly appended and discussed documents already in the record.
However, the court noted that evidence regarding an unrecorded oral ruling could fall within the exception for procedural defects not apparent on the record.
The court struck the affidavit but granted leave for both parties to deliver new affidavit evidence strictly limited to their recollection of whether an oral ruling was made.
