Kelly Matsumoto

The Local Planning Appeal Tribunal (LPAT) brought a stated case to the Divisional Court asking whether parties to a first-level appeal under s. 38(1) of the Local Planning Appeal Act, 2017 have the right to cross-examine witnesses.

The majority of the Divisional Court held that the term 'examine' in s. 42(3)(b) of the Act and s. 3 of O. Reg. 102/18 includes cross-examination.

Therefore, parties are precluded from cross-examining witnesses at an oral hearing or cross-examining affiants prior to a hearing.

The Court found that the legislature intended to create an expeditious, investigative process where the Tribunal controls the evidence, expressly overriding the common law right to cross-examination.

Six proposed intervenors brought motions for leave to intervene in a stated case before the Divisional Court regarding the interpretation of the Local Planning Appeal Tribunal Act, 2017.

The stated case concerns the Tribunal's power to call evidence and permit cross-examination in planning appeals.

The applicants and respondents generally did not oppose the interventions, provided they did not delay the proceedings.

One proposed intervenor, the Toronto Port Authority, also sought to be added as a party to obtain independent appeal rights.

The court granted intervenor status to all six proposed intervenors, finding they had a real interest and could make useful and distinct contributions.

However, the court denied the Toronto Port Authority's request for party status, concluding that granting it would unduly delay the determination of the main parties' rights.