Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

CORRECTION NOTICE

OLT CASE NO(S).: OLT-21-001831- OLT-22-002082

DECISION ISSUE DATE(S): July 28, 2022

CORRECTION NOTICE ISSUE DATE: October 21, 2022

RE: Oakwood Park Association & Maple Grove Syndicate Ltd. v. Huron (County)

Two Minor Corrections are made to the list of Participants on Attachment 1 to the Procedural Order appended to the Decision and Order as Attachment 1 as follows:

Correction 1:

Participant 5, “Renaud Burke” now reads:

“Colleen Renaud-Burke”

Correction 2:

A Participant omitted from the List, but granted status in the Decision is added to the List as follows:

“8. Marlan Siren”

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 28, 2022

CASE NO(S).: OLT-21-001831, OLT-22-002082

PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Marlan Siren Appellant: Oakwood Park Association Inc. & Maple Grove Syndicate Ltd. Applicant: Baker Planning Group Owner: Tridon Properties Ltd. Subject: Proposed Official Plan Amendment Description: To permit a residential development consisting of single detached dwellings, multiple attached dwellings and stacked townhouses. Reference Number: OPA 19 Property Address: 70786 Bluewater Highway Municipality/UT: South Huron/Huron OLT Case No: OLT-21-001831 OLT Lead Case No: OLT-21-001831 OLT Case Name: Oakwood Park Association & Maple Grove Syndicate Ltd. v. Huron (County)

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

Appellant: Oakwood Park Association Inc. & Maple Grove Syndicate Ltd. Applicant: Tridon Properties Ltd. Subject: Zoning By-law Description: To permit a residential development consisting of single detached dwellings, multiple attached dwellings and stacked townhouses. Reference Number: ZBA 72-2021 Property Address: 70786 Bluewater Hwy Municipality/UT: South Huron/Huron OLT Case No: OLT-22-002082 OLT Lead Case No: OLT-21-001831 OLT Case Name: Oakwood Park Association & Maple Grove Syndicate Ltd. v. South Huron (Municipality)

Heard: June 15, 2022 via video hearing

APPEARANCES:

Parties	Counsel*/Representative
Oakwood Park Association Inc. and Maple Grove Syndicate Ltd (“Oakwood & Maple Grove”)	M. Helfand*
County of Huron (“County”)	G. Stewart*
Municipality of South Huron (“South Huron”)	E. Veldbloom*
Tridon Properties Ltd. (“Tridon” or “Applicant”)	A. Baroudi*
Marlan Siren	Self-represented

MEMORANDUM OF ORAL DECISION OF WILLIAM R. MIDDLETON DELIVERED ON JUNE 15, 2022 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) held in these two related appeals by videoconference (“VH”) on June 15, 2022.

2Tridon applied to South Huron to permit the redevelopment of the property for residential purposes, with a combination of single detached dwellings, multiple attached dwellings and stacked townhouses (“Development”) on the lands municipally known as 70786 Bluewater Highway in South Huron (“Subject Lands”).

3The Development required an official plan amendment and a zoning bylaw amendment to be approved by South Huron and the County. Council for South Huron adopted OPA No. 19 (“OPA”) on October 18, 2021. Then, council for the County, as the Tier 1 authority, approved the OPA on November 3, 2021. Council for South Huron thereafter passed Zoning By-law Amendment No. 72-2021 (“ZBA”) on December 6, 2021.

4Ms. Marlan Siren filed an appeal of the OPA only and was self-represented at the VH. Oakwood and Maple Grove filed an appeal of both the OPA and ZBA and are represented by counsel.

5Ms. Siren, counsel for Oakwood and Maple Grove and Tridon’s counsel have had negotiations regarding a Procedural Order (“PO”) to govern both appeals. Due to the considerable past experience of their respective counsel, Tridon and Oakwood and Maple Grove have been able to make substantial progress in advancing the PO to govern the Oakwood and Maple Grove appeal. On the other hand, due to the understandable inexperience of Ms. Siren, her draft PO was incomplete. In addition, counsel for Tridon made it clear to Ms. Siren and to the Tribunal that she has been instructed to bring a motion to dismiss Ms. Siren’s appeal for a variety of reasons, including the allegation that it is duplicitous.

6Although Ms. Siren was evidently not yet prepared to advance her OPA appeal, the lawyers acting for each of Tridon, Oakwood and Maple Grove, South Huron and the County agreed that a merits hearing for the OPA and ZBA appeal in OLT File No. 22-002082 will require 10 days. They undertook to deliver to the Tribunal as soon as possible the PO in agreed final form and content – or one that clearly delineates any areas of disagreement for review by the Tribunal – reflecting the hearing dates that have been scheduled by the Tribunal, as set out below.

7The Tribunal has scheduled the hearing of the OPA and ZBA appeal of Oakwood and Maple Grove in OLT File No. 22-002082 to commence on Monday, May 8, 2023 for a period of ten (10) days

8Parties and participants 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/979388733

Access code: 979-388-733

9Parties and participants 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

10Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 979-388-733.

11Individuals 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.

12Tribunal also determined that Tridon shall bring its motion in writing to dismiss the appeal of Ms. Siren, in accordance with the requirements of the Ontario Land Tribunal’s Rules of Practice and Procedure. However, subsequent to the CMC, Ms. Siren filed a withdrawal of her OPA appeal, and thus Tridon will not need to bring such a dismissal motion.

13A final matter dealt with at the VH, concerned various requests for Participant status on both appeals. The Tribunal determined that the requests filed by the following individuals were timely and appropriate, given that these persons reside adjacent to the Subject Lands and the proposed Development: Colleen Renaud-Burke; Janet Kurasz, Judi Clark; Patricia Zinger; and Wendy Saby. Although their requests were filed in relation to Ms. Siren’s appeal, there were no objections to their requests made at the VH to also be Participants in the Oakwood and Maple Grove OPA and ZBA appeal – therefore the Tribunal will grant both of these requests

14Ms. Siren also asked to be granted Participant status in the Oakwood and Maple Grove appeal only in the event that she withdrew her own appeal - which she now has. She too resides adjacent to the Subject Lands and the Tribunal granted her request on condition that she withdrew her OPA appeal.

15Kathy Baiger and Judy Soltys also attended the VH and requested Participant status in both appeals – they too reside next to the Subject Lands. There were no strong objections to their requests, although counsel for Tridon and the County noted that they had failed to file timely written requests. The Tribunal granted Participant status to Ms. Baiger and Ms. Soltys on condition that they each file a formal written request to the Tribunal within five (5) business days of the VH.

16Subsequent to the VH, the Tribunal received a PO in agreed form and content in relation to the Oakwood & Maple Grove OPA and ZBA appeal, now appended as Attachment 1 hereto. The Tribunal also received a Participant status request in writing from Ms. Siren.

17The Parties to the Oakwood and Maple Grove OPA and ZBA appeal have also requested a Case Management Conference in early 2023, which has been scheduled for Monday, February 6, 2023.

18Parties and participants 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/979388733

Access code: 979-388-733

19Parties and participants 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

20Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 979-388-733.

21Individuals 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.

22Also subsequent to the VH, pursuant to the condition described in paragraph [11] above, the Tribunal received formal written requests for Participant status from Ms. Baiger and Ms. Soltys.

ORDER

23The Tribunal Orders that:

(a) The following individuals are granted Participant status in both the OLT-21-001831 appeal and the OLT-22-002082 appeal: Colleen Renaud-Burke; Janet Kurasz, Judi Clark; Patricia Zinger; Wendy Saby, Kathy Baiger, Judy Soltys and Marlan Siren; and

(b) The Procedural Order appended as Attachment 1 shall govern the conduct of the appeal of Oakwood & Maple Grove in OLT File No. 22-002082

24I will remain available to assist with the case management of this matter, as required subject to the availability of the Tribunal’s calendar.

“William R. Middleton”

WILLIAM R. MIDDLETON

MEMBER

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.

ATTACHMENT 1

ISSUE DATE: July 28, 2022

CASE NO(S).: OLT-21-002082

PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c.P.13 as amended

Appellants: Oakwood Park Association Inc. and Maple Grove Syndicate Ltd. Applicant: Tridon Properties Ltd. Subject: Proposed Official Plan Amendment to permit a residential development consisting of single detached dwellings, multiple attached dwellings and stacked townhouses Reference Number: OPA 19 Property Address: 70786 Bluewater Highway Municipality: South Huron/Huron OLT Case No.: OLT-21-001831 OLT Lead case No.: OLT-21-001831 OLT Case Name: Oakwood Park Association & Maple Grove Syndicate Ltd. v. Huron County

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

Appellant: Oakwood Park Association Inc. and Maple Grove Syndicate Ltd. Applicant: Tridon Properties Ltd. Subject: Zoning By-law to permit a residential development consisting of single detached dwellings, multiple attached dwellings and stacked townhouses Reference Number: ZBA 72-2021 Property Address: 70786 Bluewater Highway Municipality: South Huron/Huron OLT Case No.: OLT-21-002082 OLT Lead case No.: OLT-21-001831 OLT Case Name: Oakwood Park Association & Maple Grove Syndicate Ltd. v. South Huron (Municipality)

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.

(a) Organization of the Hearing

2. The video hearing will begin on May 8, 2023 at 10:00 a.m. (details needed)

3. The parties’ initial estimation for the length of the hearing is 10 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.

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 3 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.

(b) Requirements Before the Hearing

9. If the Applicant intends to modify the proposed Official Plan Amendment and/or the proposed Zoning By-law Amendment, all modifications must be disclosed to the other Parties and the Tribunal on or before November 25, 2022.

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 on or January 9, 2023 and in accordance with paragraph 24 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.

11. Expert witnesses in the same field shall have a meeting on or before January 27, 2023 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 with the OLT case co-ordinator on or before February 3, 2023.

12. The parties shall file and updated Issues List (if any) on or before February 10, 2023.

13. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 10, 2023 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.

14. A second Case Management Conference will be held on (February 6, 2023). The Case Management Conference will be held by videoconference. Video and audio connections are as follows: https://global.gotomeeting.com/join/979388733. Code 979-388-733.

15. If the parties cannot agree on an updated Issues List, the Tribunal shall settle the Issues List at the Case Management Conference.

16. 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. 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.

17. 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 18. 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 18 below.

18. On or before March 29, 2023, the parties shall provide copies of their [witness and] expert witness statements and visual evidence to the other parties and to the OLT case co-ordinator in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. On or before March 29, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

20. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before April 12, 2023

21. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 26, 2023 The first draft of the joint document book index shall be prepared by the Applicant and shall be delivered to the other parties on or before April 19, 2023. The other Parties shall advise of any changes to the joint document book on or before April 21, 2023.

22. The parties shall file any documents to be used during cross-examination (password protected) and any case briefs on or before May 4, 2023.

23. 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.

24. 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.

25. All filings shall be submitted electronically and in hard copy. 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.

26. 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

ATTACHMENT 1 – PARTIES AND PARTICIPANTS

Parties

1. Tridon Properties Limited (Applicant)
2. Oakwood Park Association and Maple Grove Syndicate Ltd. (Appellants)
3. County of Huron
4. Municipality of South Huron

Participants

1. Janet Kurasz
2. Judith Clark
3. Patricia Zinger
4. Wendy Saby
5. Colleen Renaud-Burke
6. Judy Soltys
7. Kathy Baiger
8. Marlan Siren

ATTACHMENT 2 – ISSUES LIST

ISSUES LIST

The identification of an issue does not mean that all parties agree that such issues, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Board at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing or the subject of a motion prior to the hearing.

1. Does the proposed development have regard to the matters of provincial interest set forth in Section 2 of the Planning Act, specifically including but not limited to the following matters: i. (a) the protection of ecological systems, including natural areas, features and functions; ii. (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; iii. (h) the orderly development of safe and healthy communities; iv. (i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities; v. (l) the protection of the financial and economic well-being of the Province and its municipalities; vi. (n) the resolution of planning conflicts involving public and private interests; vii. (o) the protection of public health and safety; viii. (p) the appropriate location of growth and development; ix. (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; x. (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant

2. Is the proposed official plan amendment application consistent with the definition for a secondary plan as set forth in Section 22 (2.1.1 and 2.1.2) of the Planning Act?

3. Is the proposed development consistent with the Provincial Policy Statement, 2020 (PPS, 2020), specifically including but not limited to the following policies: i. Section 1.1.1 a), b), c), d), e), g) [Healthy, liveable and safe communities…] ii. Section 1.1.3.1 [Settlement areas shall be the focus of growth and development.] iii. Section 1.1.3.4 [Appropriate development standards should be promoted…] iv. Section 1.1.3.8 […expansion of a settlement boundary only at the time of a comprehensive review] v. Section 1.1.3.9 […municipalities may permit adjustments of settlement area outside a comprehensive review provided…] vi. Section 1.2.1 [a coordinated, integrated and comprehensive approach should be used…] vii. Section 1.2.4 [where planning is conducted by an upper tier municipality…] viii. Section 1.6.6.1 [Planning for sewer and water services shall…] ix. Section 1.6.6.7 [Planning for stormwater management shall…] x. Section 1.6.7.1 [Transportation systems should be provided…] xi. Section 2.2.1 c), f) and i) […protect, improve or restore the quality and quantity of water by…] xii. Section 3.1.1 a), b) [Development shall generally be directed…to areas outside of:] xiii. Section 3.1.2 c) [Development and site alteration shall not be permitted within:]

4. Does the proposed development conform to and maintain the intent and purpose of the County of Huron Official Plan; including but not limited to: i. Agriculture - Community Policies and Actions (Section 2.3.4)) ii. Community Services - Community Policies and Actions (Section 3.3.9) iii. Economic Development - Community Policies and Actions (Sections 4.3.1 and 4.3.3) iv. Natural Environment - Community Policies and Actions (Section 6.3.16) v. Settlement Patterns - Community Policies and Actions - Housing and Intensification (7.3.2) Expansion of Settlement Areas (Section 7.3.3); Servicing (7.3.4)

5. Does the proposed development conform to and maintain the intent and purpose of the Municipality of South Huron Official Plan; including but not limited to: i. Does the proposed development appropriately implement the Basic Vision and Principles of the Official Plan, particularly with respect to: a. Vision and principles (2.1) b. Basic principles for natural environment (2.4) c. Basic principles for settlement areas (2.6) d. Basic principles for lakeshore residential and recreational (2.7) ii. Does the proposed development appropriately implement the Natural Environment policies of the Official Plan, particularly with respect to: a. Goals (5.3) b. Policies – Natural Environment Features (5.4.5) c. Policies - Natural and Human-made Hazards (5.4.8) iii. Does the proposed development appropriately implement the Settlement Areas policies of the Official Plan, particularly with respect to: a. General Settlement Goals (7.3) b. Affordable housing (7.4.4) c. Contiguous Development within Settlement Areas (7.4.5) d. Development Adjacent to Settlement Areas (7.4.6) e. Expansion of Settlement Areas (7.4.7) f. Primary II Settlement Areas Goals (7.8.3) g. Primary II Settlement Areas Policies - Settlement Area Boundaries (7.8.4.1) h. Primary II Settlement Areas Policies - Servicing (7.8.4.2) i. Primary II Settlement Areas Policies - Residential (7.8.4.3) iv. Does the proposed development appropriately implement the Port Blake Planning Area policies of the Official Plan, particularly with respect to: a. Introduction (7.10.1) b. Goals (7.10.2) c. Port Blake Primary II Settlement Area Policies - Residential Designation (7.10.4.1) d. Other Land Uses within the Port Blake Planning Area - Policies (7.10.5.1) v. Does the proposed development appropriately implement the Community – Wide policies of the Official Plan, particularly with respect to: a. Infrastructure and Servicing - Definitions (11.1.1) b. Infrastructure and Servicing - Goals (11.1.2) c. Infrastructure and Servicing - Policies (11.1.3) d. Flood Plain Goals (11.2.1) e. General Flood Plain Policies (11.2.2) vi. Does the proposed development appropriately implement the Urban Design policies of the Official Plan, particularly with respect to: a. Urban Design Goals (12.2.1) b. Urban Design Policies (12.2.2)

6. Does the proposed development appropriately address traffic impacts and access requirements under existing and future build-out conditions?

7. Does the proposed development respond appropriately to the existing and planned context of surrounding lands?

8. Does the proposed development comprise good urban design?

9. Is the proposed development consistent with the Huron County Residential Intensification Guidelines?

10. Does the proposed development represent good planning and is it in the public interest?

11. In the event that the appeals are allowed in whole or in part, are the form and content of the draft Official Plan Amendment and amending Zoning By-law appropriate?

12. In the event that the appeals are allowed in whole or in part, what conditions would be appropriate and should the Tribunal Order be withheld until the conditions are satisfied?

ATTACHMENT 3 – ORDER OF EVIDENCE

1. Non-opinion overview by County of Huron
2. Oakwood Park Association and Maple Grove Syndicate Ltd. (Appellants)
3. Tridon Properties Limited (Applicant)
4. County of Huron
5. Municipality of South Huron

(c) Attachment to Sample Procedural Order

(d) 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.

(e) 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.