. South Junction Triangle Grows Neighbourhood Association v City of Toronto
In South Junction Triangle Grows Neighbourhood Association v City of Toronto (Div Court, 2024) the Divisional Court noted that "in the ordinary course factums are delivered after [SS: my emphasis] all evidence is known", here where affidavits were filed and cross-examination was intended to be conducted upon them:
[13] The City is prepared to produce its witness for cross-examination under Rule 39.02 in the ordinary course.
....
[19] I would not defer the cross-examination to the hearing. While the applicant has already delivered its factum, in the ordinary course factums are delivered after all evidence is known. In that way the court is given the benefit of factums that are responsive to the full evidentiary record.
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