Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 26, 2022
CASE NO(S).:
OLT-21-002260
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Edenshaw Elizabeth Development Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 22-storey residential building
Reference Number:
OPA/OZ 20/006
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-21-002260
OLT Lead Case No:
OLT-21-002260
OLT Case Name:
Edenshaw Elizabeth Developments Limited v. Mississauga (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Edenshaw Elizabeth Development Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 22-storey residential building
Reference Number:
OPA/OZ 20/006
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-21-002261
OLT Lead Case No:
OLT-21-002260
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Edenshaw Elizabeth Development Limited
Subject:
Site Plan
Description:
To permit a 22-storey residential building
Reference Number:
SP 22-12
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-22-002649
OLT Lead Case No:
OLT-21-002260
Heard:
July 12, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Edenshaw Elizabeth Developments Ltd. (“Appellant”)
M. Flowers S. Lampert
City of Mississauga
M. Biggart C. Kapelos
Park 52 Apartments Ltd.
M. Lakotos-Hayward
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JULY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was held on July 12, 2022, to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the failure of the City of Mississauga (the “City”) to make decisions within the statutory time periods in connection with the Appellant’s applications for an Official Plan Amendment to the City’s Official Plan, an amendment to the City’s Zoning By-law and site plan approval relating to the lands municipally known as 42-46 Park Street East and 23 Elizabeth Street North in the City of Mississauga (the “Subject Property”) and the Appellant’s proposed development of a 22 storey residential building on the Subject Property (the “Appeals”).
2The Tribunal entered the Affidavit of Service of Christina Fracassi sworn June 20, 2022 demonstrating timely notice of this CMC as Exhibit 1 in Evidence.
PARTY AND PARTICIPANT STATUS
3One person, Park 52 Apartments Ltd., was represented by counsel in attendance at the CMC requesting Party status in this matter (“Park 52”). Park 52, through its counsel, filed a written request for Party status on June 29, 2022. Park 52 is the owner of the property on the north side of Park Street East and immediately east of the Subject Property and identified that its interests in the Appeals include the potential built form, setbacks and other performance standards in connection with the proposed development. Neither the Appellant nor the City expressed any objection with Park 52’s request for Party status and, on consent, the Tribunal granted Party status to Park 52 in these proceedings.
4No persons appeared to request Participant status in these proceedings.
OPPORTUNITIES FOR MEDIATION/SETTLEMENT
5The Tribunal canvassed whether there had been any settlement discussions between the parties or opportunities for same in an effort to scope the disputed issues or reach a partial or complete resolution of the disputed issues. The Appellant and the City indicated that no formal settlement discussions had occurred as yet. The Tribunal encouraged the parties to direct efforts towards resolution of some or all of the issues of the Appeals and reminded them that they may request Tribunal-led mediation by contacting the case co-ordinator.
HEARING DATE
6The Parties requested a ten (10)-day hearing based on the number of witnesses that each Party intends to call pertaining to the issues of the Appeals. The Tribunal is satisfied that the estimate of ten (10) days is reasonable at this time and, after receiving submissions from counsel for the parties on their respective availability, the Tribunal ordered that a ten (10) day hearing of the Appeals will be scheduled to commence on Monday, July 10, 2023.
PRE-HEARING STATUS REPORT
7A Telephone Case Conference (the “TCC”) is ordered as provided below in order that the Parties may provide the Tribunal with an update on the resolution or scoping of some or all of the issues in dispute with regard to the Appeals and any other matters which may be considered in an effort to minimize the hearing days required for this Hearing. In the case of any updates pertaining to the foregoing matters prior to the TCC, the Parties shall contact the case co-ordinator.
PROCEDURAL ORDER
8The Appellant and the City submitted a draft Procedural Order including Issues List for the Tribunal’s consideration. Counsel for Park 52 indicated that they were provided opportunity to review this draft Procedural Order prior to today’s CMC as well. The Tribunal directed the Parties to submit a revised Procedural Order that includes the various dates reflecting a hearing start date of July 10, 2023 and is revised to reflect the current template Procedural Order, provision for the Tribunal’s approval to be required in the case of any proposed further revisions to the issues list once the Procedural Order is issued and deletion of the proposed issue whether the final Order in this matter should be withheld pending approval of the planning instruments by certain City staff. The latter proposed issue is not a land use planning evidentiary issue but rather may be addressed if and when appropriate during the hearing and subject to the presiding Tribunal’s decision in this regard.
ORDER
9The Tribunal orders as follows:
a) Park 52 Apartments Limited is granted Party status in these proceedings.
b) The Procedural Order attached as Attachment 1 to this Order is approved by the Tribunal.
c) The hearing of the Appeals by video proceedings will commence at 10 a.m., on Monday, July 10, 2023 for 10 days and in accordance with the provisions of the Procedural Order as approved pursuant to this Order.
d) A Telephone Case Conference (the “TCC”) shall be conducted by the Tribunal on Tuesday, May 16, 2023 at 9 a.m. in order to obtain an update on the status of the Appeals including whether resolution or scoping of the disputed matters has been achieved in some or all of the issues such that hearing days may be reduced. The Parties shall contact the case co-ordinator in the event that there are any pertinent updates regarding the foregoing matters prior to the TCC.
10No further notice will be given.
11The Member is not seized but may be spoken to for case management purposes.
“D. Arnold”
D. ARNOLD
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”
PROCEDURAL ORDER
ISSUE DATE:
CASE NO(S).: OLT-21-002260 OLT-21-002261 OLT-22-002649
PROCEEDING COMMENCED UNDER Subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Edenshaw Elizabeth Developments Limited
Subject:
Request to amend the Official Plan - Failure to adopt the requested amendment
Description:
To permit a 22-storey residential building
Reference Number:
OPA/OZ 20/006
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
O.L.T. Case No.
OLT-21-002260
O.L.T. Lead Case No.
OLT-21-002260
O.L.T. Case Name:
Edenshaw Elizabeth Developments Limited v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Edenshaw Elizabeth Developments Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 22-storey residential building
Reference Number:
OPA/OZ 20/006
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
O.L.T. Case No.
OLT-21-002261
O.L.T. Lead Case No.
OLT-21-002260
O.L.T. Case Name:
Edenshaw Elizabeth Developments Limited v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Edenshaw Elizabeth Developments Limited
Subject:
Site Plan
Description:
To permit a 22-storey residential building
Reference Number:
SP 22-12
Property Address:
42-46 Park Street East and 23 Elizabeth Street North
Municipality/UT:
Mississauga/Peel
O.L.T. Case No.
OLT-22-002649
O.L.T. Lead Case No.
OLT-21-002260
PROCEDURAL ORDER
- 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
The Hearing will begin on Monday, July 10, 2023 at 10:00 a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by videoconference.
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.
The Parties and Participants identified at the case management conference are set out in Attachment 1.
Subject to paragraph 11 below, the issues for the Hearing 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.
The order of evidence shall be as set out in Attachment 3. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (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.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.
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.
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
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 and proposed instruments, updated documents and reports to the other parties and the Tribunal on or before Friday, February 24, 2023 and in accordance with paragraph 25 below.
If the Applicant elects to seek approval of a revised proposal in accordance with paragraph 10 above, a Party may provide to the Tribunal and the other Parties a refined Issues List on or before Tuesday, March 7, 2023, in accordance with paragraph 25 below, and which shall be subject to the Tribunal’s approval.
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 Monday, March 13, 2023, and in accordance with paragraph 25 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.
Expert witnesses in the same field shall have a meeting on or before Tuesday, April 11, 2023 and try to resolve or reduce the issues for the Hearing. Following the experts’ meetings, and if any agreement is reached, the Parties must prepare and file a Statement of Agreed Facts and Issues with the Case Co-ordinator on or before Wednesday, April 26, 2023.
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 17 below. Instead of an Expert 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.
Expert witnesses who are under summons and 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 17 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 17 below.
On or before Thursday, May 11, 2023, the Parties shall provide copies of their Witness Statements and Expert Witness Statements to the other Parties and to the Case Co-ordinator and in accordance with paragraph 25 below.
On or before Thursday, May 11, 2023, a Participant shall provide copies of their written Participant Statement to the Parties in accordance with paragraph 25 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.
Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before Friday, June 9, 2023, and in accordance with paragraph 25 below.
On or before Friday, June 23, 2023, the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with paragraph 25 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.
The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the Case Co-ordinator on or before Friday, June 30, 2023.
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.
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 and the other Parties on or before Friday, June 30, 2023 that the written evidence is not part of their record.
The Parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before Monday, June 19, 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 direct, cross-examination and re-direct 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.
All filing shall be electronic, unless the Tribunal requests a hard copy(ies) of any document. 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.
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.
A summary of the various procedural dates is contained in Attachment 5.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1 LIST OF PARTIES AND PARTICIPANTS
PARTIES
DAVIES HOWE LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario
M5V 3C1
Mark Flowers
Samantha Lampert
Tel: (416) 263-4513 / (416) 263-4521
Fax: (416) 977-8931
Lawyers for Edenshaw Elizabeth Developments Limited
RITCHIE KETCHESON HART & BIGGART
Barristers & Solicitors 206 – 1 Eva Road
Toronto, Ontario
M9C 4Z5
Andrew Biggart abiggart@ritchieketcheson.com
Christina Kapelos
Tel: (416) 662-6601 ext. 1003 / (416) 662-6601 ext. 1001 Fax: (416) 622-4713
Lawyers for City of Mississauga
GOODMANS LLP
Bay Adelaide Centre
333 Bay Street, Suite 3400
Toronto, Ontario
M5H 2S7
David Bronskill
Matthew Lakatos-Hayward
Tel: (416) 597-4299 / (416) 849-6906
Fax: (416) 979-1234
Lawyers for Park 52 Apartments Limited (party to the appeals of the Official Plan Amendment and Zoning By-law Amendment applications)
ATTACHMENT 2 ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.
PROVINCIAL POLICIES:
- Does the proposed development demonstrate consistency with the Provincial Policy
Statement 2020, including but not limited to Section 1.1.3 Settlement Areas?
- Does the proposed development conform to the Growth Plan for the Greater Golden
Horseshoe, including but not limited to:
(a) Policy 2.2.2.3 – All municipalities will develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas
(b) Policy 5.2.5.6 – Municipalities will develop and implement urban design and site design official plan policies and other supporting documents that direct the
development of a high quality public realm and compact built form
- Does the existing Port Credit Local Area Plan policy regime allow for the achievement of minimum density targets prescribed in, but not limited to, Policy 2.2.4.3?
REGION OF PEEL OFFICIAL PLAN:
- Does the proposed development conform to the Region of Peel Official Plan in relation to Section 5.3 Urban System, as it relates to respecting the characteristics of existing communities, including but not limited to policies 5.3.1.3; 5.3.1.4; 5.3.1.7; and 5.3.2.6;
MISSISSAUGA OFFICIAL PLAN:
- Does the proposed development conform to the Mississauga Official Plan, including but not limited to policies in:
a. Chapter 4: Vision – Section 4.4 Guiding Principles
b. Chapter 5: Direct Growth - Sections 5.3 City Structure, 5.3.3 Community Nodes, 5.4 Corridors, 5.5 Intensification Areas;
c. Chapter 7: Complete Communities – Section 7.2 Housing;
d. Chapter 9: Build a Desirable Urban Form – Sections 9.2.1 Intensification Areas, 9.5
Site Development and Buildings;
e. Chapter 19: Implementation – Sections 19.5 Criteria for Site Specific Official Plan
Amendments, and 19.8 Bonus Zoning;
PORT CREDIT LOCAL AREA PLAN & BUILT FORM GUIDE:
- Does the proposed development conform to or meet the intent of the Port Credit Local
Area Plan, including but not limited to policies in:
a. Chapter 5.0: Vision – Sections 5.1 Guiding Principles and 5.2 Community Concept,
5.2.2 Community Node
b. Chapter 6.0: Direct Growth – Sections 6.1 Community Node Character Areas,
c. Chapter 10.0 Desirable Urban Form – 10.1 General Policies, 10.2.1 Community
Node Character Area General Policies, 10.2.2 Central Residential Precinct
d. PCLAP Schedule 2B – Port Credit Community Node Height Limits
e. Built Form Guide – Section 2.1 Contextual Building Heights, 2.2 Planned Building
Heights, 2.3.2 Central Residential Precinct, 2.4.1 Building Floor Plates and
Orientation, 2.4.2 Building Separation Distances, 2.4.3 Skyline, 2.4.4 Site Size,
2.4.5.1 Shadow Impacts, 2.4.7 Building Setbacks, 2.6 Place Making Opportunities
PLANNING, DESIGN & LANDSCAPE ISSUES:
- Does the proposed development conform to the Mississauga Official Plan City Structure
– Urban Hierarchy?
- Does the proposed development respect the existing and planned character of the
Central Residential Precinct?
Does the subject property represent an appropriate location for a Tall Building, as defined in the Mississauga Official Plan Glossary?
Does the subject property represent an appropriate site size for Tall buildings to allow for sufficient property setbacks and building separation as described in the Port Credit Built Form Guide?
Does the proposal impose significant adverse effects on the livability of residents in the abutting residential properties, including access to sunlight, view to outside and privacy?
Does the proposed development incorporate appropriate amenity space, landscape area and buffers?
Does the Port Credit Local Area Plan, as approved, allow for the achievement of the minimum density targets for MTSAs as described in the Ontario Growth Plan?
Will approval of the additional building height for this site set a precedent and destabilize the overall regime of building heights in the Central Residential Precinct?
SUPPLEMENTAL DEVELOPMENT ISSUES
Has the applicant adequately justified the proposed reduction in parking rates for proposed for the development?
Is approval of the proposal premature until the following is provided to the City’s satisfaction or, alternatively, is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:
a. Satisfactory Development Agreement
b. Arrangements for land dedications, utility relocations and appropriate building setback to achieve the required streetscape
c. Satisfactory Landscape Plan
d. Satisfactory Quantitative Wind Study
e. Satisfactory Grading and Servicing Plans
f. Satisfactory Noise Study
g. Satisfactory Functional Servicing Report, Environmental Site Screening
Questionnaire and Declaration Form, Phase One ESA
h. Satisfactory Traffic Impact Study
i. Satisfactory arrangements with the Heritage Planning Department (Archaeological
Report)
j. Satisfactory arrangements with the Region of Peel with respect to waste management and site servicing
k. Arrangements with respect to the City’s Community Benefits Charge By-law
- In the event that the Tribunal approves the Site Plan Application, what are the appropriate conditions of approval?
SUMMARY:
- Does the proposed development represent good planning and is it in the public interest after considering all of the above issues?
ATTACHMENT 3 ORDER OF EVIDENCE
Edenshaw Elizabeth Developments Limited
City of Mississauga
Park 52 Apartments Limited
Edenshaw Elizabeth Developments Limited (Reply)
ATTACHMENT 4 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 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, group 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). Subsection 33.2 of the Local Planning Appeal 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 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 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 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 wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.
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 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-direct examination by the Party presenting the witness; or
another order of examination mutually agreed among the Parties or directed by the Tribunal.
ATTACHMENT 5 SUMMARY OF PROCEDURAL DATES
DATE
EVENT
Friday, February 24, 2023
Applicant to file revised plan (if applicable)
Tuesday, March 7, 2023
Filing of refined issues lists
Monday, March 13, 2023
Exchange of list of witnesses and the order in which they will be called
Tuesday, April 11, 2023
Meeting of expert witnesses in the same field
Wednesday, April 26, 2023
Filing of agreed statement of facts
Thursday, May 11, 2023
Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons, participant statements
Friday, June 9, 2023
Exchange of response evidence
Monday, June 19, 2023
Parties to prepare and file hearing plan
Friday, June 23, 2023
Exchange of visual evidence
Friday, June 30, 2023
Completion of joint document book
Monday, July 10, 2023
Hearing commences