The moving party brought a motion to strike an expert affidavit filed by the respondents in an Application for Judicial Review regarding the issuance of a stone quarry licence.
The moving party argued the affidavit was inadmissible as it was not before the decision-maker.
The respondents argued the evidence was necessary to determine if the Crown met its duty to consult and accommodate.
The court deferred the issue, ordering that the admissibility of the affidavit be determined by the full panel hearing the Application to avoid jeopardizing the scheduled hearing dates.
