. Robinson v. The Corporation of the City of Pickering
In Robinson v. The Corporation of the City of Pickering (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a JR, this brought against "a sanction imposed by Pickering’s City Council for breaches of the City’s Code of Conduct". These breaches related to applicant statements that the Integrity Commissioner found to be false, misrepresentative of the City's policy, and "which exposed the City to a potential breach of the Municipal Freedom of Information and Protection of Privacy Act".
The court considers a JR record supplementation issue, here relating to an argument of lack of procedural fairness:
[9] The respondent submits that much of the evidence relied on by the applicant is not properly before the court because it was not before the Integrity Commissioner or Council. The applicant does not dispute this. She also has not justified why the material should be admitted, other than to say some of it relates to procedural fairness. There are exceptions to the general rule that the record on judicial review is restricted to the material before the decision-maker. One of the exceptions is for evidence relevant to procedural fairness that is not contained in the decision maker’s record and that could not have been raised before the decision-maker: Scott v. Toronto (City), 2021 ONSC 858, at para. 19. The applicant did not justify why the material she relied on that was not provided to the Integrity Commissioner or City Council met that test. It therefore is not admitted.
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