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Late expert documents admitted onto record where both parties failed to follow prior disclosure deadlines.
In an appeal concerning minor variances, the appellants sought to introduce two expert documents regarding front yard setbacks and the Ontario Building Code one day before the hearing.
The applicant objected to the Building Code document on the basis of prejudice due to late disclosure.
The Tribunal noted that both parties had failed to adhere to the prior procedural order's disclosure deadlines.
Consequently, the Tribunal admitted the documents onto the record to ensure a fulsome discussion and scheduled an additional hearing day to allow the applicant sufficient time to prepare for cross-examination on the new evidence.
No co-appearing lawyers found.
No judges found.
