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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