In Bokhari v. Top Medical Transportation Services (Div Ct, 2025) the Divisional Court faced a JR, this against main and reconsideration decisions regarding HRTO applications which "alleged discrimination with respect to employment because of disability".
Here the court notes the pleadings [evidentiary(?)] basis that must be before the court before it considers a procedural fairness issue:
[42] The applicant’s “onus is not discharged on the basis of speculation, conjecture or simple allegation alone: there must be a foundation before the court for the allegation that not only raises an issue of procedural fairness, but also justifies displacing the privilege in order to adjudicate the procedural fairness issue”: LifeLabs LP v. Information and Privacy Commr. (Ontario), 2022 ONSC 5751 (Div. C.t), at para. 17.
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