In an application seeking judicial review of municipal resolutions restricting the applicant’s access to municipal meetings, property, and staff, the municipality brought a motion for leave to summons and examine its clerk as a non‑party witness after cross‑examinations on existing affidavits had been completed.
The court considered the criteria for admitting additional evidence following cross‑examinations as articulated in First Capital Realty v. Centrecorp Management Services Ltd. The municipality provided no evidence of the proposed testimony and offered no adequate explanation for failing to present the evidence earlier.
The court held that permitting the examination would effectively allow the municipality to split its case and repair deficiencies revealed during cross‑examination.
Leave to summons and examine the witness was denied.
