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JR - Evidence - Keeprite Current (3). The Ontario Health Coalition v. Ontario (Minister of Long-Term Care)
In The Ontario Health Coalition v. Ontario (Minister of Long-Term Care) (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR, this from "the June 14, 2023 decision of the Minister of Long-Term Care (the “Minister”) to approve funding and undertake to issue a licence for a new 320 bed long-term care home in Pickering, Ontario".
Here the court briefly considers the Keeprite JR record doctrine:[85] The Respondent challenges the admissibility of Dr. Armstrong’s affidavit on several grounds. Firstly, a party can supplement the record on a judicial review only if the new evidence is necessary to show an absence of evidence on an essential point, or to establish a breach of natural justice that is not evident from the record of the proceedings below: Keeprite Workers’ Independent Union v. Keeprite Products Ltd. (1980), 1980 CanLII 1877 (ON CA), 29 O.R. (2d) 513 (Ont. C.A.). . Leitch v. Human Rights Tribunal of Ontario
In Leitch v. Human Rights Tribunal of Ontario (Ont Divisional Ct, 2024) the Ontario Court of Appeal considered the Keeprite record doctrine:[10] A party can supplement the record on a judicial review if the new evidence is necessary to show an absence of evidence on an essential point, or to establish a breach of natural justice that is not evident from the record of the proceedings below: Keeprite Workers’ Independent Union v. Keeprite Products Ltd. (1980), 1980 CanLII 1877 (ON CA), 29 O.R. (2d) 513 (Ont. C.A.). Ms. Leitch argues the affidavits and recording are admissible because they show she was denied procedural fairness at the hearing before Vice-Chair Dawson.
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