The respondents in an application for a permanent injunction regarding zoning by-law compliance brought a motion to compel the applicant municipality to answer undertakings and refusals from a cross-examination.
The court found that all requested items had either been satisfied by the municipality or were protected by litigation privilege, specifically a planning memorandum and notes on inspection photographs prepared for counsel.
The motion was dismissed, though the court ordered a brief supplementary affidavit to confirm the timing and purpose of the photograph notes.
