Picture this. Two Judges, acting independently, are assigned the same application in writing. Both Judges have the exact same materials – affidavits, briefs, etc. Based on those materials and the law, one Judges grants the application, the other dismisses the application. Then both Orders are published.
Implausible you ask? Perhaps.
Impossible? Definitely not.
Because this just happened in Ontario.
Recently, the Ontario Superior Court of Justice – Divisional Court was dealing with an application to intervene in a judicial review application of a decision of the Human Rights Tribunal of Ontario.
The application for leave to intervene was in writing and, presumably mistakenly, was assigned to two judges. Each judge had the exact same record and materials before them. Each judge reviewed the matter independently of the other and each rendered a decision, both now reported.
They came to opposite conclusions, one granting the intervention application, the other dismissing it. The decisions can be found at: Dosu v. Human Rights Tribunal of Ontario, 2025 ONSC 6496 and Dosu v. Human Rights of Ontario, 2025 ONSC 6509. From reading the decisions, it is clear that the Judges saw the applications differently.
Which is why one should never guarantee, and should qualify any predictions about, a future outcome.