Motion to strike issues granted in part; non-appellant parties' issues struck for lack of expert evidence.
The appellant brought a motion to strike several issues from the Issues List attached to the Procedural Order for an upcoming hearing regarding an Official Plan and Zoning By-law Amendment.
The appellant argued that the non-appellant parties and the City were not calling expert evidence to support certain issues.
The Tribunal struck the issues raised by the non-appellant parties as they did not intend to call evidence, but retained the City's geological and environmental issues, noting the City's land use planning witness would address them.
One transportation issue was struck on consent.
5507 River Development Inc. v. Niagara Falls (City), 2021 CanLII 94916