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SPPA - Evidence [s.15]. Scott v Ontario (Racing Commission)
In Scott v Ontario (Racing Commission) [2009] QL 2858 (Ont Div Ct), s.15 of the SPPA was applied to admit a pre-hearing admission against interest by the applicant, even though it was made to a person in authority, on the basis that the administrative proceeding invoked neither the common law criminal confession rule nor the applicant's s.7 Charter rights.
. Polifroni v. Ontario Racing Commission #2
In Polifroni v. Ontario Racing Commission #2 (Ont Div Ct, 2013) the court endorsed as reasonable a tribunal's fact-findings made entirely on circumstantial evidence.
. Berger v. Legal Aid Ontario
In Berger v. Legal Aid Ontario (Div Ct, 2021) the Divisional Court commented on credibility and the related need for an oral hearing:[64] Where a decision turns on credibility, a decision maker should not make an adverse finding of credibility without affording the affected person an oral hearing: Khan v. University of Ottawa (1977), 1997 CanLII 941 (ON CA), 34 O.R. (3d) 535, [1977] O.J. No. 2650 (C.A.), at paras. 21-22.
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