Background:

• Temagami Barge Limited and Dashiell Lowery Delarosbel sought to compel the Municipality of Temagami to answer undertakings and questions refused during a cross-examination related to zoning by-law compliance on provincial crown land used by Temagami Barge Limited.

Legal Issues:

1. Whether certain undertakings and questions from the cross-examination remain outstanding.
2. If so, whether the Municipality should be compelled to answer them, and whether further cross-examinations should occur.

Court’s Analysis and Decision:

• The court reviewed the undertakings and questions, considering the relevance, the doctrine of privilege, and the adequacy of responses provided.
• The court found the Municipality had largely met its obligations to answer or had validly claimed litigation privilege.
• It was determined that further cross-examination was unnecessary, as the Municipality had exercised best efforts to comply and no substantial outstanding issues remained.

Outcome:

• The motion to compel further answers and cross-examination was dismissed.
• The court allowed the filing of an additional affidavit from Daryl Bell to clarify questions related to inspection photographs, promoting efficient progression of the case.
• Costs submissions were allowed, with instructions for a concise process.