What are the consequences of attaching letters from neighbours as evidence in an application to establish a legal non-conforming use?

Ontario, Canada


The following excerpt is from 1218897 Ontario Ltd. v. Toronto (City), 2005 CanLII 39872 (ON SC):

First, they are not under oath. In Watts v. Benvenuti, supra, the property owner attempted to establish a legal non-conforming use by attaching letters from neighbours attesting to the type of livestock previously kept on the farm. Turnbull J. at para 16 stated, “these letters do no constitute proper evidence before the court on an application and I have disregarded their import in the consideration of this matter.” I agree with this approach and, on this basis alone, I would attach no weight to the letters filed by the applicant.[3]

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