Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 22, 2022

CASE NO.: OLT-21-001793

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

Applicant and Appellant: Tribute (Queensway) Limited

Subject: Application to amend Former City of Etobicoke By-law 11, 737 – Neglect or Refusal of application by City of Toronto

Purpose: To permit a three building, 1210 unit mixed-use development

Property Address/Description: 1325-1365 The Queensway

Municipality/UT: Toronto/Toronto

Municipal File No.: 20 176082 WET 03 OZ

OLT Case No.: OLT-21-001793

OLT File No.: OLT-21-001793

OLT Case Name: Tribute (Queensway) Limited v. Toronto (City.)

BEFORE:

S. deBOER VICE-CHAIR Monday, the 22nd day of August, 2022

T. PREVEDEL MEMBER

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, April 10, 2023 at 10:00 a.m. by Videoconference at https://global.gotomeeting.com/join/927921077. The length of the hearing will be 10 days.

“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.

APPENDIX 1

ISSUE DATE: August 22, 2022

CASE NO(S).: OLT-21-001793

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

Applicant and Appellant: Tribute (Queensway) Limited

Subject: Application to amend Former City of Etobicoke By-law 11, 737 – Neglect of Refusal of application by the City of Toronto

Existing Designation: Industrial

Proposed Designated: Mixed Use (Site Specific)

Purpose: To permit a three building, 1210 unit mixed-use development

Property Address/Description: 1325-1365 The Queensway

Municipality: Toronto

Approval Authority File No.: 20 176082 WET 03 OZ

OLT Case No.: OLT-21-001793

OLT File No.: OLT-21-001793

OLT Case Name: Tribute (Queensway) Limited v Toronto (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

Organization of the Hearing

2. The video hearing will begin on April 10, 2023 at 10:00 AM via https://global.gotomeeting.com/join/927921077.

3. The parties’ initial estimate for the length of the hearing will be about ten (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 consent 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 at least one hundred and nine-teen (119) calendar days prior to the hearing (on or before Monday, December 12, 2022). 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. Any challenges to the witness, including 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 before ninety-four (94) calendar days following the exchange of expert witness lists (on or before Tuesday, November 15, 2022).

10. Expert witnesses in the same field may have a meeting at least seventy-five (75) calendar days prior to the hearing (on or before Wednesday, January 25, 2023) to try to resolve or reduce the issues for the hearing. 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 seventy-five (75) calendar days prior to the hearing (on or before Wednesday, January 25, 2023), if this meeting takes place and if agreement is reached.

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. 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 13.

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. 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.

13. At least sixty (60) calendar days prior to the hearing, (on or before Thursday, February 9, 2023) the parties shall provide copies of their witness and expert witness statements to the case coordinator and the other parties in accordance with paragraph 23. One hard copy of each witness and expert witness statement shall be filed with the Tribunal.

14. At least sixty (60) calendar days prior to the hearing, (on or before Thursday, February 9, 2023) a participant shall provide copies of their written participant statement to the case coordinator and the other parties in accordance with paragraph 23. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. At least thirty-five (35) calendar days prior to the commencement of the hearing (on or before Monday March 6, 2023), the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. At least thirty-one (31) calendar days prior to the hearing (on or before Friday, March 10, 2023) the parties shall provide copies of their visual evidence to the OLT case coordinator and all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing. One hard copy of each piece of visual evidence shall be filed with the Tribunal.

17. Parties may provide to all other parties and file with the Clerk a written response to any written evidence at least forty-five (45) calendar days prior to the hearing (on or before Friday, February 24, 2023) in accordance with paragraph 23. One hard copy of each written response shall be filed with the Tribunal.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator at least fourteen (14) calendar days prior to the hearing (on or before Monday, March 27, 2023). One hard copy of the joint document book shall be filed with the Tribunal.

19. 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.

20. 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 fifteen (15) days before the Tribunal hears the motion.

21. 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 seven (7) days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a hearing plan with the Tribunal at least twenty (20) calendar days prior to the hearing (on or before Tuesday, March 21, 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.

23. 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 ninety-one (91) calendar days before Expert Witness Statements are to be filed in accordance with paragraph 13 (on or before Thursday, November 10, 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.

24. All filing shall be electronic 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.

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.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
Thursday, November 10, 2022 (91 days before Witness Statement Date)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Monday, December 12, 2022 (119 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
Friday, January 6, 2023 (94 days prior to hearing)	Last date to challenge identification of expert witness
Wednesday, January 25, 2023 (75 days prior to hearing)	Experts meeting prior to this date, if any
Wednesday, January 25, 2023 (75 days prior to hearing)	Agreed Statement of Facts, if any
Thursday, February 9, 2023 (60 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Friday, February 24, 2023 (45 days prior to hearing)	Exchange of Reply Witness Statements (if any)
Monday March 6, 2023 (35 days prior to hearing)	Confirm with the Tribunal if all the reserved hearing dates are still required
Friday, March 10, 2023 (31 days prior to hearing)	Exchange of visual evidence (if any)
Tuesday, March 21, 2023 (20 days prior to hearing)	Hearing Plan filed with the Tribunal
Monday, March 27, 2023 (14 days prior to hearing)	Finalize Joint Document Book
Wednesday, April 5, 2023 (5 days prior to hearing)	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
April 10, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. Tribute (Queensway) Limited Eileen Costello Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Tel: 416.865.4740 Fax: 416.863.1515 Email: ecostello@airdberlis.com

2. City of Toronto Jason Davidson Metro Hall 26th fl. 55 John St. Toronto ON M5V 3C6 Tel: 416.392.4835 Fax: 416.397.5624 Email: jason.davidson@toronto.ca

Alexander Suriano Metro Hall 26th fl. 55 John St. Toronto ON M5V 3C6 Tel: 416.392.4827 Fax: 416.397.5624 Email: alexander.suriano@toronto.ca

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

LAND USE COMPATIBILITY

Issue 1: Land Use Compatibility. Is the application contextually appropriate and compatible with adjacent Employment Areas and does it represent good planning? In particular:

1. Is the proposed development consistent with Policy 1.3.1 and 1.3.2 of the Provincial Policy Statement, 2020 by protecting the Employment Areas through appropriate separation and mitigation?

2. Does the proposed development conform to Policy 2.5.5. of A Place to Grow: Growth Plan for the Greater Golden Horseshoe by minimizing and mitigating adverse impacts on Provincially Significant Employment Zones?

3. Does it conform to Policy 2.2.4 of the Official Plan regarding appropriate separation from Employment Areas?

BUILT FORM

Issue 2 – Height. Is the development's proposed height appropriate, and does it represent good planning? Specifically, does the height of the development provide good transition to the Avenue to the east and Employment Areas to the west and south? Does the proposed development minimize impacts on the Neighbourhoods to the northeast? In particular:

1. Does the proposed height conform with Official Plan policies: 2.3.1 (Healthy Neighbourhoods), 3.1.2 and 3.1.3 (Built Form), and 4.5 (Mixed Use Areas)?

2. Does the proposed height meet the intent of the City of Toronto Tall Building Design Guidelines?

Issue 3 – Massing. Is the development's proposed massing, including setbacks, stepbacks, scale, separation distances, streetwall height, density, and design appropriate and does it represent good planning? In particular:

1. Does the proposed massing conform with Official Plan policies: 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form) and 4.5 (Mixed Use Areas)?

2. Does the proposed development represent over-development of the site?

Issue 4 – Shadow Impacts. Does the proposed development's shadow impacts on Parks, nearby Neighbourhoods, and adjacent streets represent good planning? Does the proposed development locate and mass new buildings to maintain sunlight and comfortable wind conditions on adjacent streets, sidewalks, parks and open spaces, and the proposed outdoor amenity spaces and midrise buildings? Does the proposed development locate and mass new buildings and provide built form transition to adequately limit shadow impacts on surrounding Neighbourhoods, particularly during the spring and fall equinoxes? In particular:

1. Does it conform with Official Plan policies: 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.2.3 (Parks and Open spaces), and 4.5 (Mixed Use Areas)?

2. Does the proposed height meet the intent of the City of Toronto Tall Building Design Guidelines?

Issue 5 – Wind Impacts. Does the proposed developments wind impacts on the public realm and adjacent properties represent good planning? In particular:

1. Does it conform with Official Plan policies: 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.2.3 (Parks and Open spaces), and 4.5 (Mixed Use Areas)?

2. Does the proposed height meet the intent of the City of Toronto Tall Building Design Guidelines?

BUILDING AND SITE CONFIGURATION

Issue 6 - Proposed Unit Types Sizes and Mix. Does the proposed development provide an appropriate mix of dwelling unit types? Does the proposed development provide appropriate unit sizes and layouts? In particular:

1. Does the proposed mix of unit types have appropriate regard to Official Plan Policy 3.2.1 which states that a full range of housing will be provided and maintained to meet the needs of current and future residents and meet the intent of the City of Toronto Growing Up: Planning for Children in New Vertical Communities Guidelines?

2. Do the proposed unit sizes and layouts meet the intent of the City of Toronto Growing Up: Planning for Children in New Vertical Communities Guidelines?

Issue 7 - Amenity Space. Is the proposed quantity and location of indoor and outdoor amenity space appropriate? In particular:

1. Does it conform with Official Plan Policy 3.1.2 (Built Form)?

2. Does the development meet the intent of the City of Toronto Pet Friendly Design Guidelines for High Density Communities?

Issue 8 - Location and organization of proposed daycare uses. Are the proposed daycare uses appropriately located on the site? In particular:

1. Does the proposed daycare conform to Official Plan Policy 3.2.2 (Community Services and Facilities)?

2. Does the proposed daycare meet the intent of the City of Toronto Child Care Design and Technical Guideline?

STREETSCAPE AND PUBLIC REALM

Issue 9 – Streetscape and Public Realm. Is the proposed development's relationship with the public realm and resulting streetscape appropriate, and does it represent good planning? Does the provision of surface parking represent good planning? Is the proposed setback from the property line to adequate to provide trees, landscaping, and green infrastructure? Is the proposed development appropriately addressing the provision of trees and the requirement to add to the City’s tree canopy? In particular:

1. Does it conform with Official Plan Policy 3.1.1 (Public Realm), 3.1.2 and 3.1.3 (Built Form), 3.4 (Natural Environment), and 4.5 (Mixed Use Areas)?

2. Does the development meet the intent of the City of Toronto Tall Building Design Guidelines?

3. Does the development meet the intent of the Toronto Green Standards?

4. Does the development meet the intent of the Pet Friendly Design Guidelines for High Density Communities?

Issue 10 - Open Space. Is the proposed open space, including location, access, size, soil volumes, pedestrian level comfort and functionality appropriate? In particular:

1. Does the proposed open space conform with Official Plan Policy 3.1.1 (Public Realm)?

2. Does the proposed development meet the intent of the Toronto Green Standards?

SITE SERVICING

Issue 11 - Parking and Loading. Has the applicant demonstrated that adequate vehicle parking and loading are in place to support the development? In particular:

1. Does the proposed development conform with Official Plan Policy 3.1.2 (Built Form) and Policy 2.4 (Bringing The City Together: A Progressive Agenda Of Transportation Change)?

2. Does the proposed development meet the intent of the Toronto Green Standards?

Issue 12 - Site Access and Circulation. Does the proposed development organize vehicle parking, vehicular access and ramps, loading, servicing, storage areas, and utilities to minimize their impact and improve the safety and attractiveness of the public realm, the site and surrounding areas? In particular:

1. Does the proposed development conform with Official Plan Policy 3.1.2 (Built Form) and 4.5 (Mixed Use Areas)?

2. Does the development meet the intent of the City of Toronto Tall Building Design Guidelines?

Issue 13 – Multimodal Transportation Impacts. Does the proposed development minimize impacts on the overall operation of the network including but not limited to consideration to pedestrian and cycling infrastructure, transit facilities, signalized and unsignalized intersections, and represent good planning? Does the proposed development propose mitigating measures to accommodate travel generated by the development? In particular:

1. Does the proposed development conform with Official Plan Policy 2.4 (Bringing The City Together: A Progressive Agenda Of Transportation Change)?

IMPLEMENTATION MATTERS

Issue 14 - Community Benefits. In the event the proposed development is approved by the Tribunal, in whole or in part, the owner and the City have agreed that they should be given the opportunity to reach agreement on the provision of appropriate community benefits pursuant to Section 37 of the Planning Act. In the event agreement is not reached, may the Tribunal be spoken to as to what are appropriate community benefits to be secured pursuant to Section 37?

Issue 15 - Infrastructure/Servicing Capacity. Is there sufficient infrastructure and servicing capacity to accommodate the proposed development and does it represent good planning?

Issue 16 - Peer Reviews. Has the applicant obtained a satisfactory peer review of the submitted Compatibility and Mitigation Study – Air Quality, Dust, Odour, Noise and Vibration, dated July 15, 2021, prepared by SLR Consulting (Canada) Ltd. and implemented the recommendations of such a review in the design of the proposed development? In particular:

1. Does the Compatibility and Mitigation Study conform to Policy 2.2.4 (Employment Areas: Supporting Business and Employment Growth) of the Official Plan?

LEGISLATIVE & POLICY TESTS

Issue 17 – Policy Tests. Does the proposed development satisfy the applicable legislative and policy tests? In particular:

1. Does the proposed development have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including subsections 2 (f), (h), (j), (k) (p), and (r)?

2. Does the proposed development have appropriate regard for the decision of City Council as required by Section 2.1 of the Planning Act?

3. Would a decision to approve the proposed development be consistent with the Provincial Policy Statement as required by Section 3(5) of the Planning Act?

4. Would a decision to approve the proposed development conform to and not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe as required by Section 3(5) of the Planning Act?

5. Does the proposed development conform with the applicable policies of the City of Toronto Official Plan?

6. Would approval of the proposed development and Zoning By-law Amendments represent good planning and good urban design? Would it be in the public interest?

ATTACHMENT 4

ORDER OF EVIDENCE

Tribute (Queensway) Limited

City of Toronto

Tribute (Queensway) Limited (in reply, if necessary)

ATTACHMENT 5

PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

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.

48003726.4