Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 17, 2022

CASE NO(S).: OLT-21-001649

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BJL HP Corp.

Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Areas

Proposed Designated: Mixed Use Areas

Purpose: To permit a 10-storey, 128 unit mixed use development

Property Address/Description: 2-6 Howard Park Ave.

Municipality: City of Toronto

Approval Authority File No.: 21 146414 STE 04 OZ

OLT Case No.: OLT-21-001649

OLT Lead Case No.: OLT-21-001649

OLT Case Name: BJL HC Corp. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BJL HP Corp.

Subject: Application to amend City of Toronto Zoning By-law No. 569-2013 and former City of Toronto Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: Mixed Use

Proposed Zoning: Mixed Use (Site Specific)

Purpose: To permit a 10-storey, 128 unit mixed use development

Property Address/Description: 2-6 Howard Park Ave.

Municipality: City of Toronto

Municipality File No.: 21 146414 STE 04 OZ

OLT Case No.: OLT-21-001650

OLT Lead Case No.: OLT-21-001649

Heard: May 9, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

BJL HP Corp.

Eileen Costello

City of Toronto

Sara Amini (in absentia Nathan Muscat)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MAY 9, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) in relation to appeals brought pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) by BJL HP Corp. (“Appellant”) against the City of Toronto (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) in relation to the property at 2-6 Howard Park Avenue. The OPA and ZBLA are required to give effect to the Appellant’s proposal to develop a 10-storey plus mezzanine mixed-use building with 128 residential units.

2The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given and marked same as Exhibit 1.

STATUS REQUESTS

3In response to the Notice, no requests for Party status were received. The following seven individuals submitted written requests for Participant status: Josie Candito; Naomi Robinson; Jennifer Morais; Samuel Ramos; Derek Raymaker; Katherine Lawrie Van de Ven; and Terese Beaupre. These seven individuals were granted Participant status on the consent of the Parties.

4While it was clear from a comprehensive review of the Affidavit of Service that there were no issues with the Notice as served, the Tribunal was advised by some of the Participants that, as a result of Canada Post service delay issues in the area, there might be some individuals who did not receive Notice in advance of today’s CMC, but who may nevertheless wish to seek Participant Status.

5In light of the foregoing and out of an abundance of caution, the Parties agreed that those individuals who, for some reason, did not receive Notice in time to request Participant Status in advance of today’s CMC, but who nevertheless wish to seek such status may do so, provided a written request and detailed Participant Statement outlining their concerns is submitted by January 10, 2023.

6Such requests will not automatically be granted but rather, will be reviewed and considered by the presiding Member/Panel at the commencement of the hearing. Should the Parties wish to raise objections to any such requests, they are directed to contact the Tribunal to request either a Telephone Conference Call (“TCC”) or CMC to address such requests within 10 days of their receipt of the request.

7For the sake of efficiency, the Tribunal explained that it does not assign more weight to an issue/concern based on the number of times that issue/concern is raised by the Participants and directed that, to the extent possible, Participants work together to ensure their written statements are not duplicative.

MEDIATION AND SETTLEMENT

8The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-led mediation and was advised that, at this early stage in the process, the Parties have only engaged in preliminary discussions aimed at settlement. Going forward, should settlement discussions be successful, the Parties are directed to advise the Tribunal as soon as possible in order that dates set aside for the hearing may be released. Should the Parties wish to avail themselves of Tribunal-led mediation, they may reach out to the Case Coordinator for assistance with scheduling same.

HEARING

9At the request of the Parties, the Tribunal scheduled a nine-day video hearing, commencing at 10 a.m. on Monday, March 27, 2023. Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/927921077

Access Code: 927-921-077

10Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9391. The access code is 927-921-077.

12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

PROCEDURAL ORDER/ISSUES LIST

13The Parties provided a draft Procedural Order (“PO”) and Issues List (“IL”) in advance of the CMC, which was reviewed and discussed. Counsel for the Appellant undertook to revise the PO and IL in accordance with the hearing dates scheduled, circulate same to the City for input and submit a final version on consent for the Tribunal to review following the CMC. The Tribunal has now received, reviewed, and is satisfied with the attached PO, which shall govern these proceedings leading up to and including the scheduled hearing.

OTHER MATTERS

14The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.

ORDER

15The Tribunal orders:

a) a nine-day video hearing will commence on Monday, March 27, 2023 at 10 a.m.;

b) the following individuals are Participants in this proceeding:

• Josie Candito

• Naomi Robinson

• Jennifer Morais

• Samuel Ramos

• Derek Raymaker

• Katherine Lawrie Van de Ven; and

• Terese Beaupre

c) There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.

“S. Braun”

S. BRAUN

MEMBER

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

CASE NO(S).: OLT-21-001649

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BJL HP Corp.

Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Areas

Proposed Designation: Mixed Use Areas

Purpose: To permit a 10-storey, 128 unit mixed use development

Property Address / Description: 2-6 Howard Park Ave

Municipality: City of Toronto

Municipality File No.: 21 146414 STE 04 OZ

OLT Case No.: OLT-21-001649

OLT File No.: OLT-21-001649

OLT Case Name: BJL HP Corp. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BJL HP Corp.

Subject: Application to amend City of Toronto Zoning By-law 569-2013 and former City of Toronto Zoning By-law 438-86 – Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Mixed Use

Proposed Zoning: Mixed Use (Site Specific)

Purpose: To permit a 10-storey, 128 unit mixed use development

Property Address / Description: 2-6 Howard Park Ave

Municipality: City of Toronto

Municipality File No.: 21 146414 STE 04 OZ

OLT Case No.: OLT-21-001649

OLT File No.: OLT-21-001650

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time.

Organization of the Hearing

2. The video hearing will begin on Monday, March 27, 2023 at 10 a.m. at

https://global.gotomeeting.com/join/927921077

Access Code: 927-921-077

3. The length of the hearing is nine (9) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are found in Attachment 1

4. The Parties and Participants identified at the Case Management Conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent or by Order of the Tribunal.

7. A final Case Management Conference may be scheduled for a status update for the hearing, approximately 30 days prior to the scheduled commencement of the hearing, to scope issues and evidence for the hearing, and to refine and finalize the Work Plan for the hearing

8. Any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties at least one-hundred and twenty (120) days before Expert Witness Statements are to be filed in accordance with paragraph 15 (on or before Thursday September 22, 2022). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for the Tribunal to adjourn the hearing.

10. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered at least one hundred and twenty (120) days prior to the scheduled commencement of the hearing (on or before Wednesday November 23, 2022). A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, the witness's Acknowledgment of Expert's Duty Form, and the area of expertise in which the witness is prepared to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or (on or before Tuesday December 13, 2022) (100 days before the hearing is scheduled to commence).

11. Expert witnesses of the same discipline shall have a meeting at least ninety (90) days prior to the hearing (on or before Friday December 23, 2022) to try to resolve or reduce the issues for the hearing. Following the experts' meeting, the experts shall prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties at least eighty (80) days prior to the scheduled commencement of the hearing (on or before Monday January 2, 2023), if agreement is reached.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of expert witness statements must be provided as in paragraph 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in paragraph 14.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence as in paragraph 15. A Party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15.

14. At least sixty (60) days prior to the scheduled commencement of the hearing, (on or before Friday January 20, 2023) the Parties shall deliver copies of their witness and expert witness statements to the Tribunal, the other Parties and the City Clerk in accordance with paragraph 24.

15. At least sixty (60) days prior to the scheduled commencement of the hearing, (on or before Friday January 20, 2023) a Participant listed in Attachment 2 shall deliver copies of their written Participant statement to the Tribunal, the Parties and the City Clerk, in accordance with paragraph 24. A Participant may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless ordered by the Tribunal.

16. On or before Tuesday January 10, 2023 any individual seeking Participant status who is not listed on Attachment 2 to this Order shall serve upon the Parties and the Caseworker their request for Participant status. If the Parties object to the request for Participant status, they shall advise the individual seeking Participant status within 10 days of the request and seek a telephone conference with the Tribunal to seek direction and a ruling on request.

17. At least forty-five (45) days prior to the scheduled commencement of the hearing (on or before Monday February 6, 2023), the Parties may deliver to all other Parties, the Tribunal, and the City Clerk a written response to any written evidence.

18. At least thirty (30) days prior to the scheduled commencement of the hearing (on or before Tuesday February 21, 2023) the Parties shall provide copies of their visual evidence to the OLT case coordinator and all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, and all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with Rule 10 of the Tribunal’s Rules, which requires that the moving Party provide copies of the motion to all other Parties fifteen (15) days before the Tribunal hears the motion.

20. A Party who provides a witness's written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.

21. The Parties shall prepare and file a hearing plan with the Tribunal at least thirty (30) days prior to the hearing (on or before Tuesday February 21, 2023) with a proposed schedule for the hearing that identifies, as a minimum, that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Hearing Plan”). The Hearing Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Hearing Plan throughout the Hearing Event.

22. The Parties shall prepare a Joint Document Book on or before Friday March 3, 2023 (twenty (20) days prior to the scheduled commencement of the hearing). One hard copy of the joint document book shall be filed with the Tribunal as soon as possible in advance of the hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 24.

23. At the time of cross-examination, the Parties shall provide to all Parties and the Tribunal, in password protected format, any documents that will be used by the Party in the cross-examination of an opposing Party’s witness, unless the presiding member directs otherwise. The password protected documents shall only be accessible to the Tribunal and the other Parties if it is introduced as evidence at the hearing.

24. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Paragraph 24 applies regardless if the hearing event is in-person or electronic.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

26. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

27. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

Attachment 1

Summary of Dates

DATE

EVENT

Thursday September 22, 2022 (120 days before exchange of expert witness statements)

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

Wednesday November 23, 2022 (120 days prior to hearing)

Exchange of witness lists (names, disciplines and order to be called)

Tuesday December 13, 2022 (100 days prior to hearing)

Challenges to qualifications of witnesses, if any

Friday December 23, 2022 (90 days prior to hearing)

Experts meeting prior to this date, if any

Monday January 2, 2023 (80 days prior to hearing)

Exchange agreed statement of facts, if any

Friday January 20, 2023 (60 days before hearing)

Exchange of witness statements and expert witness statements; and Exchange of participant statements

Monday February 6, 2023 (45 days prior to hearing)

Exchange of written response to evidence

Tuesday February 21, 2023 (30 days prior to hearing)

Exchange of visual evidence, if any; and File hearing plan with the Tribunal

Friday March 3, 2023 (20 days prior to hearing)

Finalize and file joint document book

March 27, 2023

Hearing commences

Attachment 2

List of Parties and Participants

Parties:

BJL HP Corp. Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9 Eileen P.K. Costello Tel: (416) 865-4740 Fax: (416) 863-1515 Email: ecostello@airdberlis.com

City of Toronto City of Toronto Legal Services 55 John Street, 26th Floor, Metro Hall Toronto, ON M5V 3C6 Nathan Muscat Tel: (416) 397-5475 Email: nathan.muscat@toronto.ca

Participants:

Therese Beaupre Josie Candito Jennifer Morais Samuel Ramos Derek Raymaker Naomi Robinson Katherine Van de Ven

Attachment 3

Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.

A. City of Toronto

Planning Act

1. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the matters of provincial interests set forth in Section 2 of the Planning Act, including (h) and (r)?

2. Would the approval of the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the decision of City Council as required by Section 2.1 of the Planning Act?

Provincial Policy Statement (2020)

3. Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020), including but not limited to Policy 1.1.3.3 and 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)

4. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe, including, but not limited to, Section 2.2.2.3 and 5.2.5.6?

City of Toronto Official Plan

5. Does the proposed Official Plan Amendment and Zoning By-law Amendment Application conform to the policies of the City of Toronto Official Plan that were in-force at the time of the application submission, including but not limited to the following: 3.1.1, 3.1.2.1, 3.1.2.3, 3.1.2.5, 3.1.2.6, 3.1.2.7, 3.1.2.9, 3.1.2.10, and 4.5.2?

6. Does the proposed Official Plan Amendment and Zoning By-law Amendment Application conform to the policies of Official Plan Amendment 421 (Site and Area Specific Policy 553) for the Dundas-Roncesvalles area that were in-force at the time of the application submission?

Guidelines

7. Does the development have appropriate regard to the Dundas and Roncesvalles Urban Design Guidelines?

8. Does the development have appropriate regard to the applicable City of Toronto Midrise Guidelines?

9. Does the development have appropriate regard to the applicable Growing Up: Planning for Children in New Vertical Communities Guidelines?

Site Specific Issues

10. Does the proposed development represent good land use planning and urban design, having regard to matters such as:

a. The existing and planned context;

b. The appropriateness of the proposed built form, massing and scale, building heights, density, and design;

c. Whether the proposed setbacks and stepbacks are appropriate;

d. Whether the proposed shadowing is appropriate?

e. Whether the proposal creates a safe and attractive pedestrian realm?

11. Does the proposed development provide for appropriate transition to adjacent areas in term of height and scale as required in the Official Plan?

12. Has the applicant satisfied all engineering issues identified in the July 22, 2021 memorandum from the Manager, Development Engineering, Toronto & East York District?

13. Is the form and content of the Official Plan Amendment and Zoning By-law Amendment appropriate?

Implementation

14. In the event the Official Plan Amendment and Zoning By-law Amendment are approved in whole or in part, should any final Order be withheld until such time as the City Solicitor advises that:

a. the draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; and

c. the owner has submitted revised landscape plans that are in a form and with content satisfactory the Chief Planner and Executive Director, City Planning and the City Solicitor.

Attachment 4

Order of Evidence

1. BJL HP Corp.

2. City of Toronto

3. BJL HP Corp. (in reply, if necessary)

Attachment 5 Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.

Witness Statements:

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A Participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the Participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the Participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.

48612415.4