Bev Wicks

The moving party, Friends of Ball’s Bridge & Little Lakes, brought a motion to admit new evidence in an ongoing hearing regarding a proposed gravel pit.

The new evidence included an MNR inspection report, a corrected property survey, wood turtle sighting documents, and videos of dust emissions.

The Tribunal applied the Palmer test for fresh evidence.

The Tribunal admitted the MNR report, the survey, and the wood turtle documents, finding them relevant and not obtainable before the filing deadlines.

However, the Tribunal refused to admit the dust videos, finding they could have been produced earlier and their late admission would prejudice the responding party, who had already closed its case.