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Tribunal grants party and participant status at first Case Management Conference for mixed-use development appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, and draft plan of subdivision for a mixed-use development.
The Tribunal granted party status to a conservation authority and participant status to a neighbouring property owner without objection.
A second Case Management Conference was scheduled.
Defence permitted to cross-examine plaintiff on uncertified foreign criminal records to impeach credibility.
During a trial for damages arising from a train derailment, the plaintiff testified in-chief that he had no criminal record in Poland and filed a certified Polish document to that effect.
The defendants sought to cross-examine him using uncertified Polish court documents suggesting he had a criminal history.
The plaintiff objected, arguing the documents were uncertified and inadmissible under s. 23 of the Canada Evidence Act.
The court ruled that s. 23 is permissive and does not preclude proving foreign documents at common law.
The court allowed the defence to use the uncertified documents in cross-examination to challenge the plaintiff's credibility, noting the plaintiff would have the opportunity to explain or challenge the documents' reliability.
