strekaf J

3.22: Evidence on judicial review

Case Summary

The Telecommunications Workers Union (the “Union”) applied for Judicial Review of a labour arbitration award which denied a grievance filed by the Union on behalf of its member who was seeking reimbursement for relocation expenses. The Union sought to rely on an Affidavit sworn by a witness who attended the arbitration and took contemporaneous notes throughout. The Union sought to use the Affidavit to support the Union’s submission that the Arbitrator’s refusal to permit certain questioning constituted a breach of natural justice and denial of procedural fairness, and that the Award did not adequately reflect the nature of the breach. Telus opposed on the basis that the Affidavit was not necessary or reliable.

Strekaf J. reviewed Rule 3.22, which limits the evidence in an Application for Judicial Review, and noted that the “record before the tribunal is generally the record before the Court, and additional affidavits and evidence are exceptional”. Justice Strekaf held that the Affidavit was not necessary as the tribunal’s Award provided a sufficient record to deal with the issues raised in the Judicial Review Application; the Union’s Application for permission to rely on the Affidavit was denied.

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