The City of Ottawa brought a motion to strike four affidavits and quash two notices of examination filed by the Rockcliffe Park Residents Association in support of its application for judicial review of a decision granting a heritage permit.
Applying a hybrid approach, the court struck portions of the affidavits that contained argument or speculation but left the admissibility of the remaining evidence to the panel hearing the application.
The court quashed the notice of examination for one City Planner who was not involved in the impugned decision, but permitted the examination of the other planner, subject to strict limits on the scope of questioning and document production.
Costs of $7,500 were awarded to the residents association based on divided success.
