Full opportunity to make submissions

For the second time in a week, the Court of Appeal has reminded lower courts of the need to ensure the parties have a full opportunity to make submissions.  Judicial efficiency cannot trump the right to make submissions.  In 6477291 Canada Inc. v. Alcohol and Gaming Commission of Ontario, 2009 ONCA 711 the Court held :

 

[7]              We also agree with the appellant that the Divisional Court erred in respect of the procedure followed by it concerning penalty.  It appears that following argument of the main appeal before the Divisional Court, the court reserved its decision.  When the Divisional Court thereafter determined to allow the appeal in part, no opportunity was afforded to the parties to make submissions concerning the appropriate sanction in light of the Divisional Court’s decision.  Nor had such submissions been invited or received earlier.  This was a denial of natural justice.  Accordingly, the sanction imposed by the Divisional Court cannot stand.