Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 20, 2022

CASE NO(S).: OLT-22-001905

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: James Battle Applicant: Chancery Development Ltd. Subject: Proposed Official Plan Amendment Description: Proposed Official Plan Amendment 30 Reference Number: OPA 30 Property Address: 380-396 Ontario Street Municipality/UT: Stratford/Perth OLT Case No: OLT-22-001905 OLT Lead Case No: OLT-22-001905 OLT Case Name: Battle v. Stratford (City.)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: James Battle Applicant: Chancery Development Ltd. Subject: Zoning By-law Description: Proposed Zoning By-law Amendment 151-2021 Reference Number: BL 151-2021 Property Address: 380-396 Ontario Street Municipality/UT: Stratford/Perth OLT Case No: OLT-22-001906 OLT Lead Case No: OLT-22-001905

BEFORE: M.A. SILLS, VICE-CHAIR Tuesday, the 20th day of September, 2022

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix “1” is hereby amended and shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence on Monday, October 31, 2022 at 10:00 a.m. by Videoconference at https://global.gotomeeting.com/join/692665589. The length of the hearing will be 5 days.

Ontario Land Tribunal Website: 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.

SCHEDULE “1”

PROCEDURAL ORDER

ISSUE DATE: September 20, 2022 CASE NO(S).: OLT-22-001905 and OLT-22-001906

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, RSO 1990, c P13, as amended

Appellant: James Battle Applicant: Chancery Development Ltd. Subject: Proposed Official Plan Amendment Description: Proposed Official Plan Amendment 30 Reference Number: OPA 30 Property Address: 380-396 Ontario Street Municipality/UT: Stratford/Perth OLT Case No: OLT-22-001905 OLT Lead Case No: OLT-22-001905 OLT Case Name: Battle v Stratford (City)

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, RSO 1990, c P13, as amended

Subject: Zoning By-law Description: Proposed zoning by-law amendment 151-2021 Reference Number: BL 151-2021 Property Address: 380-396 Ontario Street Municipality/UT: Stratford/Perth OLT Case No: OLT-22-001906 OLT Lead Case No: OLT-22-001905

The Tribunal orders that:

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on October 31, 2022 at 10am.

3. The parties’ initial estimation for the length of the hearing is 5 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 3 for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

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.

Requirements Before the Hearing

9. 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 on or before July 11, 2022 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before August 8, 2022 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 22, 2022.

11. 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 this must be provided as in paragraph 13 below. 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.

12. 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 13 below. 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 13 below.

13. On or before September 21, 2022, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before September 19, 2022, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before September 26, 2022, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before October 17, 2022, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 21, 2022.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

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

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 21, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically. 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 by email shall be governed by the Rule 7.

23. 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.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date: TRIBUNAL REGISTRAR

Summary of Key Dates

Date	Event
July 11, 2022	Exchange witness list
August 8, 2022	Meeting of like experts
August 22, 2022	Exchange Agreed Statement of Facts
September 19, 2022	Exchange of expert witness statements and visual evidence
September 19, 2022	Participant statements due
September 26, 2022	Parties to confirm if hearing dates are still required
October 3, 2022	Exchange of reply expert witness statements, if any
October 21, 2022	File document book, hearing plan, and witness statement brief
October 24, 2022	Notify the Tribunal if a witness is not to provide oral evidence
October 31, 2022	Hearing start date

Attachment 1: Parties and Participants

Party	Representation
City of Stratford	Paula Lombardi Siskinds LLP 275 Dundas St, Unit 1 London, ON N6B 3L1 T: 519.660.7878 paula.lombardi@siskinds.com
Chancery Development Ltd.	Kristie Stitt / Sarah Kagan Kagan Shastri LL 188 Avenue Road Toronto, ON M5R 2J1 T:416.368.2100 x244 / 243 kstitt@ksllp.ca / skagan@ksllp.ca
James Battle	Alex Ciccone Garrod Pickfield LLP 9 Norwich St W Guelph, ON N1H 2G8 T: 519.778.4247 aciccone@garrodpickfield.ca

Note: The identification of an issue does not mean that all parties agree to such issue, or the manner in which the issue is phrased, is appropriate or is relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.

Attachment 2: Issues List

Planning Act

1. Does the proposed development have sufficient regard to the matters of provincial interest set out in section 2 of the Planning Act?

Provincial Policy Statement, 2020

2. Is the proposed development consistent with policies 1.1.1, 1.1.3, 1.7, 2.6.1, and 2.6.2 of the Provincial Policy Statement, 2020, if applicable?

City of Stratford Official Plan

3. Is the proposed development compatible with the character, scale and intensity of the surrounding residential neighbourhood, and does it maintain, protect and conserve the heritage considerations, and does it conform with the following policies of the City of Stratford Official Plan, if applicable? a. 2.3 Vision and Guiding Principles: b. General Policy Directions, including: i. 3.2.2 ii. 3.5.6 iii. 3.5.8 c. Land Use Strategy policies, including: i. 4.5.1 ii. 4.5.2 iii. 4.5.3 iv. 4.5.4.2 v. 4.6 d. Community Design Strategy, including: i. 6.2.3 ii. 6.2.4 e. Development Application Review Requirements, including: i. 8.3.1(vi) and (vii) ii. 8.4

General

4. Are the special provisions setbacks proposed, and increased height provisions appropriate and functional for the proposed development, and do they take into consideration impacts on the adjacent properties?
5. Does the proposed development provide adequate buffering or transition to the adjacent low rise built forms in the immediate area?
6. Does the proposed development represent good planning?

Attachment 3: Meaning of terms used in the Procedural Order:

A 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. An unincorporated group cannot be a party and 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 authorisation 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 (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant 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 or participant intends to present as evidence at the hearing.

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 he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

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.

Attachment 4: Order of Evidence

Order of Evidence

1. Chancery Development Ltd.
2. James Battle
3. City of Stratford
4. Chancery Developments Ltd. Reply (if any)