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Evidence - Policy Guidelines. Knight v. HRTO
In Knight v. HRTO (Div Ct, 2020) the Divisional Court clarified the documentary status of tribunal publications in the preparation of it's 'record of proceedings' under s.20 SPPA:[13] I also observe that quite a few of the documents proposed to be introduced into the record by the applicant are guidelines and other statements of policy, procedure and the like taken from the HRTO website. Material such as this is not normally considered evidence. Parties typically may file and refer to such material, as they would to reported decisions of the court or other tribunals, in the course of submissions without the need to make such documents part of the evidentiary record of proceedings.
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