Tribunal orders production of confidential noise documents subject to deemed undertaking under Rules of Civil Procedure.
The Town of Midland brought a motion on consent for the production of confidential noise impact analysis documents from ADM Agri-Industries Company, related to ADM's appeal of the Town's Official Plan.
ADM agreed to produce the documents but required a confidentiality order to protect its business interests.
The Tribunal found that the Town satisfied the requirements for discovery under OLT Rule 9.1.
Because the documents were not being filed with the Tribunal, OLT Rule 22.2 for confidentiality did not apply.
Instead, the Tribunal used OLT Rule 1.4 to adopt the deemed undertaking provisions of Rule 30.1.01 of the Rules of Civil Procedure, granting the motion and issuing the requested confidentiality order.
OLTOntario Land TribunalNov 18, 2025
