Conner Harris and Brynn Leger successfully defend motion to strike at the Local Planning Appeal Tribunal

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Conner Harris and Brynn Leger successfully defend motion to strike at the Local Planning Appeal Tribunal

Rayman Beitchman successfully defended a motion to strike a portion of its client’s claim against the Regional Municipality of Waterloo. The motion offered the Local Planning Appeal Tribunal a rare opportunity to apply the principles surrounding motions to strike within the context of a claim for compensation by an expropriated landowner. At examinations for discovery the claimant refused to produce certain financial information on the basis that it was not relevant. Their claim specified that a compensation for business loss was not being pursued. The Region brought a motion before the Tribunal to compel production of the financial information or to strike the portion of the claim which mentioned business loss. The Tribunal agreed that the financial records were not relevant, and the mere mention of business loss in the claim did not make it a relevant issue for discovery. In the opinion of the Tribunal the portions of the claim at issue pleaded only material facts, were not inflammatory or argumentative, and caused no prejudice or delay to either party. It therefore declined to strike the impugned paragraphs of the claim.

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