The Plaintiff doctor applied for Judicial Review of a decision by the Alberta Human Rights Commission (AHRC) who had dismissed his complaints against the Defendant health region. The Plaintiff also applied for an Order allowing him to question witnesses to obtain a transcript for use at the Hearing, pursuant to Rule 3.21; however, the written submissions filed in advance of the Hearing did not address this issue. The Plaintiff also sought to introduce viva voce evidence and filed nine Affidavits immediately before the Hearing. Justice Topolniski refused the Plaintiff’s request to adduce viva voce evidence and held that the Affidavits were inadmissible.

Justice Topolniski dismissed the Plaintiff’s Application for Judicial Review as the AHRC decision met the standard of reasonableness, there was no reasonable apprehension of bias and the procedure by AHRC was fair.