Tribunal disqualifies expert witness for advocacy bias and approves settlement for residential subdivision development.
The appellant appealed the Town's approval of an official plan amendment, zoning by-law amendment, and draft plan of subdivision for a residential development.
During the hearing, the Tribunal made several procedural rulings, notably excluding the appellant's ecological expert witness from giving opinion evidence because her self-described role as an advocate demonstrated an inability to provide fair, objective, and non-partisan testimony.
The Tribunal also struck hearsay reports from a non-testifying expert and excluded late-filed documents.
Ultimately, the parties reached a settlement modifying the development proposal to increase environmental protection areas and adjust the residential mix.
The Tribunal approved the settlement, finding it consistent with provincial policies and representing good land use planning.
OLTOntario Land TribunalMay 30, 2022
