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Tribunal defers party status requests to a second CMC pending finalization of the issues list.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the Town of Caledon's Official Plan Amendment No. 7, which updates growth management and phasing policies.
Several entities requested party or participant status.
Because the parties were still finalizing the issues list, they jointly requested that the Tribunal defer consideration of all status requests until a second CMC.
The Tribunal found this approach reasonable, scheduled a second CMC, and directed the parties to submit a draft order with finalized issues lists in advance.
Defence struck due to egregious and repeated failures to comply with documentary discovery obligations.
The plaintiffs brought a motion to strike the defence of the Hamilton Police Services Board and Chief Glenn DeCaire due to their repeated failure to comply with court orders and the Rules of Civil Procedure, specifically regarding documentary production and answering undertakings.
The Master found the defendants' conduct sufficiently egregious to bring the administration of justice into disrepute, noting potential non-compensable prejudice due to the purging of relevant documents.
The motion was granted, the defence was struck, and the defendants were given 30 days to move before a judge to reinstate it.
Substantial indemnity costs of $39,462.16 were awarded to the plaintiffs.
