Heegsma v. Hamilton (City)

Decided: 2026-10-09. Docket: COA-25-CV-0166. Citation: 2026 ONCA 726 (CanLII). Rights and freedoms — Charter challenge to municipal by-law — Unhoused persons in encampments — Challenge to by-law prohibiting tents and sleeping in public parks — Whether application judge’s reasons were conclusory and unsupported by analysis — Appeal court declines fact-finding and remits for rehearing by different judge — Appeal allowed and matter remitted | Evidence — Hearsay exceptions — Public documents and requests to admit — Whether documents admitted as authentic under r. 51 could be considered — Whether application judge erred by striking volumes without public documents analysis — Document-by-document admissibility required for public documents exception to hearsay rule — Exclusion error found and re