Elaine Leal da Silva

This was the fourth Case Management Conference regarding an appeal of the conservation authority's refusal to issue a development permit.

The parties provided a preliminary Hearing Work Plan setting out the anticipated order and schedule of witnesses.

The Tribunal scheduled a 12-day video merit hearing and directed the parties to continue working together to meet the timelines in the Procedural Order.

The respondent conservation authority brought a motion to strike two fact witnesses from the appellant's witness list and to permit the pre-hearing examination of witnesses summoned by the appellant.

The Tribunal granted the motion, finding that the two fact witnesses had no direct knowledge of the appeal or were not giving evidence with respect to the decision under appeal, and were therefore not necessary for a fair and expeditious hearing.

The Tribunal also ordered that any testimony from summoned witnesses be limited to factual evidence and permitted the respondent to examine them prior to the merit hearing.

At a third Case Management Conference for an appeal under the Conservation Authorities Act, the Tribunal addressed scheduling and procedural issues arising from an increased number of proposed witnesses.

The Tribunal granted extensions to the procedural order timetable, scheduled a 12-day merit hearing, and directed that three preliminary motions regarding witness summons and evidence be heard in writing prior to the hearing.