The Crown moved to strike portions of two affidavits filed by the Ontario Propane Association in support of its judicial review application challenging O. Reg. 440/08.
The Crown argued the impugned sections contained improper legal argument and irrelevant exhibits.
The motion judge dismissed the motion, applying the general principle that issues of admissibility and relevance of affidavit evidence should be determined by the panel hearing the judicial review application, rather than on an interlocutory basis.