Admission of Evidence at a Hearing

Prohibition on Documents used in Mediation

TST-43738-13 (Re), 2014 CanLII 49226 (ON LTB)

5. I would dismiss this first issue for two reasons: because access for an inspection is permitted by section 27 of the Residential Tenancies Act, 2006 (the ‘Act’) and because the photographs were produced in mediation and not used for any other purpose. On this latter point, what is said in mediation, which should extend to documents used in mediation, is confidential even though Rule 13.17 of the Board’s Rules of Practice says “anything said in a Board mediation…where no agreement is reached (my emphasis), may not be used by one party against another in …any other proceedings.” There is no reason the Rule should not extend to things said in mediation when an agreement is reached on other grounds. In any event, there is no indication that there was any impact on the Tenant by the simple disclosure of the photographs by the Landlord’s staff to the Landlord’s paralegal.

Corporation Records

Corporations Act, R.S.O. 1990, c. C.38

323 A copy of any by-law of a corporation under its seal and purporting to be signed by an officer of the corporation, or a certificate similarly authenticated to the effect that a person is a shareholder or member of the corporation and that dues or other sums payable are due and have not been paid, or that a call or assessment that has been made is due and has not been paid, shall be received in all courts as proof, in the absence of evidence to the contrary, of the by-law or of the statements contained in such certificate. R.S.O. 1990, c. C.38, s. 323.