The parties relied on Hryniak v. Mouldin, supra in support of their respective positions. In my view, the applicable portion of those reasons are contained at paragraph 50, but particularly “that the standard for fairness is not whether the procedure is as exhaustive as a trial, but whether it gives the judge confidence that she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute”. Further, at paragraph 51 Justice Karakatsanis states “there may be cases where, given the nature of the issues and the evidence required, the judge cannot make the necessary findings of fact, or apply the legal principles to reach a just and fair determination”. That is my conclusion and, as a result, the motion must be dismissed.
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