The applicant, the Town of Oakville, brought a motion to compel the respondents, Clublink Corporation ULC and Clublink Holdings Limited, to answer certain questions and produce documents refused during cross-examinations of their expert witnesses.
The motion concerned the interpretation of section 34 of the Ontario Heritage Act in the context of the Glen Abbey golf course redevelopment.
The court dismissed most of the applicant's requests, finding the documents irrelevant to the narrow issues or the expert's independence.
However, it ordered the production of any separate written retainer agreement for a heritage impact assessment, if such an agreement existed, deeming it marginally relevant to the expert's independence.
The court also addressed and admonished counsel for an improper ex parte communication made after the motion hearing concluded.
