What is the most expeditious and least expensive way to determine the issue on appeal in a hearing de novo?
Ontario, Canada
The following excerpt is from Bozzelli v. The Corporation of the Town of Caledon, 2019 ONSC 182 (CanLII):
In the result, I have concluded that the most expeditious and least expensive manner available to determine the issue on appeal is on a paper record in a hearing de novo: Castillo v. Xela Enterprises Ltd., [2014] O.J. No. 3189. As to any additional evidence to be offered it shall be by affidavit from the respondents, and such affidavit evidence shall be limited solely to the issue under appeal namely why the order under appeal has not been complied with and the time required for compliance. The merits of the underlying order, apart from the time imposed, shall not be included in any affidavit material submitted.
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