The appellant brought a motion for discovery seeking the disclosure of a Market and Economic Analysis Report prepared by an outside consultant for the City of Brampton regarding a planning application.
The City argued the report was protected by litigation privilege as it was commissioned in anticipation of an appeal to the Tribunal.
The Tribunal found that the report was not requested in a public forum, was created for the dominant purpose of litigation, and was therefore protected by litigation privilege.
Furthermore, the Tribunal noted the report was neither necessary nor relevant as the City did not intend to rely on it.
The motion for discovery was dismissed.