Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2022
CASE NO(S).: OLT-22-002432
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: St. Clair Developments Limited Partnership
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 20 220123 STE 12 OZ
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002432
OLT Lead Case No: OLT-22-002432
OLT Case Name: St. Clair Developments Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 20 220123 STE 12 OZ
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002433
OLT Lead Case No: OLT-22-002432
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Subject: Site Plan
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 21 219409 STE 12 SA
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002434
OLT Lead Case No: OLT-22-002432
Heard: August 26, 2022 by video hearing
APPEARANCES:
Parties
Counsel
St. Clair Developments Limited Partnership
Ian Andres Roslyn Houser (in absentia)
City of Toronto
Matthew Longo Cameron McKeich
Rational Development in South Hill
Raj Kehar
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON AUGUST 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference ("CMC") in relation to an appeal brought under s. 34(11) of the Planning Act by St. Clair Developments Limited Partnership ("Applicant/Appellant") against the City of Toronto ("City") for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment ("OPA"), Zoning By-law Amendment ("ZBLA"), and Site Plan approval ("Applications") in relation to properties known municipally as 175-195 St. Clair Avenue West and 273 Poplar Plains Road in the City ("Subject Lands").
2The OPA and ZBLA are required to give effect to the Applicant/Appellant's proposal to construct a building with a height of 11-13 storeys, containing 164 units, a new public park at the corner of St. Clair Avenue West and Poplar Plains Road (and to dedicate a 464 square metres parcel to the City for that purpose), and an upgraded sidewalk and streetscape ("Proposal").
REQUESTS FOR STATUS
3At the first CMC, on June 7, 2022, Party Status was granted to Rational Development in South Hill Group Inc. ("Rational Development"). Also at the first CMC, Participant Status was granted to Mitchell Gilbert and to South Hill District Homeowners Association.
4At the first CMC, a Participant Status Request had been received from William and Susanne Blair, but was not considered because neither individual attended the CMC. Their request was deferred to the second CMC and was dealt with on August 26, 2022. Neither William Blair nor Susanne Blair attended the second CMC, and no explanation was providing regarding what planning issue they had intended to raise in their request, which was unclear. As such, their request to become a Participant in this hearing was not granted.
5In response to the Notice, the Tribunal received no other requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of only the Parties and Participants identified above.
MEDIATION AND SETTLEMENT
6The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they were not in a position at this stage to engage in such discussions, but remain open to the possibility of settlement at some point in the future and are aware of the availability of mediation.
7The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
PROCEDURAL ORDER/ISSUES LIST
8The Parties produced an agreed-upon draft Procedural Order ("PO") and Issues List, which was reviewed at the CMC.
9The Applicant/Appellant undertook to revise and re-submit, on or before September 2, 2022, for the Tribunal's approval a revised PO and Issues List in accordance with the Tribunal's directions and any agreement made amongst the Parties.
10The Applicant/Appellant has submitted the updated PO and Issues List, which is now attached as Schedule A to this Order.
HEARING
11Given the number of Parties and potential witnesses, and the number of issues, the Tribunal agreed to schedule a fourteen (14) day hearing. Accordingly, a video hearing will commence at 10 a.m. on Monday, June 12, 2023 until Thursday, June 29, 2023 for fourteen (14) days. No further notice will be given.
12Parties 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/719383509
Access Code: 719-383-509
13Parties 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://apps.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 719-383-509.
15Individuals 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 with carriage of this case.
OTHER MATTERS
16The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
17The Tribunal Orders that:
The hearing in this matter will be held by video hearing starting on Monday, June 12, 2023, commencing at 10 a.m., and fourteen (14) days have been set aside.
The Procedural Order attached as Schedule A to this Decision shall govern the proceedings.
There will be no further notice and this Member is not seized.
"Bita M. Rajaee"
BITA M. RAJAEE
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.
SCHEDULE A
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 June 12, 2023.
The length of the hearing will be 14 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.
The Parties and Participants are listed in Attachment 2 to this Order.
The Issues are set out in the Issues List in Attachment 3 to this Order. 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 is 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.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative's name, address, email address and the phone number.
If the hearing is to proceed electronically, 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, proposed instruments, updated supporting documents and reports, to the other parties on or before January 13, 2023. Any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.
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 February 10, 2023. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and must include a copy of the witness's curriculum vitae and Acknowledgment of Expert's Duty Form.
Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal on or before March 10, 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 Section 15. 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 Section 15.
A non-expert witness must provide to the Tribunal and the Parties a witness statement, as in Section 15, or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written participant statements to the Tribunal which must be filed at least 10 days in advance of the hearing.
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 Section 15.
On or before April 21, 2023, the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties and to the OLT case co-ordinator in accordance with Section 23 below.
On or before May 5, 2023, the Parties may provide to all other Parties a written response to any written evidence.
On or before May 12, 2023, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal's Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion or unless otherwise on a timeline agreed to by the parties.
A Party who provides a witness' written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
On or before May 26, 2023, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the "Work Plan"). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.
The Parties shall prepare a Joint Document Book on or before June 2, 2023. One hard copy of the Joint Document Book shall be filed with the Tribunal as soon as possible in advance of the hearing. All Parties must be served by the appellant with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.
If the hearing is held virtually, at the time of cross-examination, the Parties shall provide to all Parties and the Tribunal, in a password protected format, any documents that will be used by the Party in 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 they are introduced as evidence at the hearing.
All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal shall be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal's Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 24 applies regardless if the hearing event is in-person or electronic.
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.
The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
January 13, 2023
Revisions to Proposal (including supporting materials)
February 10, 2023
Exchange of witness lists (names, disciplines and order to be called)
March 10, 2023
Experts Meeting and Agreed Statement of Facts
April 21, 2023
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
May 5, 2023
Exchange of Reply Witness Statements (if any)
May 12, 2023
Exchange of Visual Evidence (if any)
May 26, 2023
Final Work Plan filed with the Tribunal
June 2, 2023
Preparation of Joint Document Book
June 12, 2023
Hearing commences
ATTACHMENT 2
LIST OF PARTIES/PARTICIPANTS
PARTIES
St. Clair Developments Limited Partnership (Applicant/Appellant) Ian Andres, Goodmans LLP iandres@goodmans.ca 416.597.5160
City of Toronto Matthew Longo / Cameron McKeich, Legal Services matthew.longo@toronto.ca / cameron.mckeich@toronto.ca 416.392.8109 / 416.338.4891
Rational Development in South Hill Group Inc. Raj Kehar rkehar@weirfoulds.com 416.947.5051
PARTICIPANTS
South Hill District Homeowners Association John Ritchie hon.john.ritchie@rogers.com 416.925.8068
Mitchell Gilbert mgilbert@terravestindustries.com 416.315.0084
ATTACHMENT 3
ISSES LIST
The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal 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.
CITY OF TORONTO
- Do the proposed development and the proposed Official Plan and Zoning By-law Amendments have regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular Sections 2 (d) (f), (h), (j), (p), and (r)?
City of Toronto Official Plan
- Does the proposed development and proposed Official Plan Amendment and Zoning By-law Amendment conform to the policies of the City of Toronto Official Plan with respect to Healthy Neighbourhoods (2.3.1), the Public Realm (3.1.1), Built Form (3.1.2), Built Form – Building Types (3.1.3), Housing (3.2.1), Neighbourhoods (4.1), Apartment Neighbourhoods (4.2), and Implementation (5) and Site and Area Specific Policy 221?
Guidelines
Does the proposed development appropriately respond to and meet the intent and purpose of the Avenues and Mid-Rise Buildings Study and Mid-Rise Performance Standards Addendum?
Does the proposed development appropriately respond to, and satisfy the intent of, the residential unit mix and size guidelines of Growing Up: Planning for Children in New Vertical Communities (2020)?
Height and Massing
Is the development's proposed height appropriate for the area? Specifically, does the height fit within the existing and planned context of the St Clair Avenue West corridor as per Site and Area Specific Policy 221?
Is the development's proposed height appropriate for the site as per Site and Area Specific Policy 221? Does the height of the proposed development provide good transition and mitigate impacts to low-rise Neighbourhoods as per Site and Area Specific Policy 221?
Is the development's proposed massing, including setbacks, step backs, scale, separation distances, streetwall height, density, and design appropriate as per Site and Area Specific Policy 221?
Does the development provide good transition to low-rise Neighbourhoods as per Site and Area Specific Policy 221?
Does the height and massing of the proposed development ensure adequate access to or, as the case may be, limit and minimize the impact on, overlook and privacy, wind effects, and shadow?
Are the proposed setbacks on St Clair Avenue West and Poplar Plains Road in keeping with the character of the area?
Streetscape & Public Realm
Is the proposed development's relationship with the public realm and resulting streetscape appropriate?
Does the proposed development establish appropriate relationships at grade, including provision of an appropriate pedestrian realm, streetscaping and contributions to public space?
Do the proposed the setbacks on the St Clair Avenue West provide sufficient space to facilitate the planting of street trees?
Does the proposed development meet the requirements of the Toronto Green Standard?
Sun/Shadow Impacts
Does the proposed development cast no net shadows on Glenn Gould Park as per Site and Area Specific Policy 221?
Does the proposed development allow for a minimum of 5 hours of continuous sunlight on the north side of St Clair Avenue West as per as per Site and Area Specific Policy 221.
Does the proposed development limit shadow impacts on adjacent Neighbourhoods?
Wind Impacts
- Does the proposed development provide comfortable wind conditions and limit wind impacts on the public realm, outdoor amenity areas, and adjacent properties?
Servicing
- Has the applicant demonstrated that adequate municipal services are in place to support the proposed development, including but not limited to the availability of adequate sanitary sewage capacity and the implementation of appropriate stormwater management measures and groundwater management measures?
Parking and Loading
Is the proposed vehicle and bicycle parking and loading appropriate for the development?
Are service areas, ramps and garbage storage facilities located and screened to minimize the impact on adjacent residences?
Site-Specific Issues
- Does the proposed mid-rise building development on this site represent good land use planning and urban design, having regard to matters such as:
a. the provincial and municipal policy framework identified in this issues list;
b. fit with the existing and planned built form context, with regard to its massing, height, setbacks, and stepbacks and transition;
c. site organization of the proposed development appropriate given principles of good planning and urban design;
d. the appropriateness of the transition to adjacent buildings, transition to the Neighbourhoods, and overlook and privacy;
e. the appropriateness of the proposed shadow, light, privacy, and skyview impacts of the proposed development;
f. providing an adequate amount and mix of family sized housing units;
g. whether an appropriate Transportation Demand Measures plan has been submitted;
h. the sufficiency of the proposed on-site bicycle and vehicular parking supply; and
i. the sufficiency of the proposed loading spaces.
Public Interest and Good Planning
Are the proposed development, Official Plan and Zoning By-law Amendments good planning and in the public interest?
In the event the proposed development is approved in whole or in part, what in-kind contributions, if any, are appropriate to be secured pursuant to any applicable Community Benefits Charges regime implemented pursuant to Section 37 of the Planning Act?
Conditions on any Approval
- In the event the proposed development is approved in whole or in part, what conditions would be appropriate and should the Tribunal Order be withheld until the City Solicitor has indicated that the following conditions have been satisfied:
a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment;
c. City Council has approved the Rental Housing Demolition Application (file 21 111463 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the one (1) existing rental dwelling unit on the Site;
d. if applicable, community benefits and other matters in support of the development are secured in an agreement between the applicant and the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
RATIONAL DEVELOPMENT IN SOUTH HILL GROUP INC.
Does the proposed development have regard for the matters of provincial interest set out in section 2 of the Planning Act including but not limited to subsection 2(h), 2(n), 2(p), 2(q) and 2(r)?
Does the proposed development have regard for City Council's decision on the subject applications and the information and materials before City Council pursuant to section 2.1 of the Planning Act?
Is the proposed development consistent with the Provincial Policy Statement, 2020 including, but not limited to: Part 1, Part V policies 1.1, 1.4, 1.7 and 4.0?
Does the proposed development conform to the Growth Plan, 2020, including, but not limited to: sections 2.1, 2.2 and 5.2?
Does the proposed development conform with and/or implement the vision, goal and intent of the City of Toronto's Official Plan, including, but not limited to: policies 2.1, 2.2, 2.3, 3.1, 3.1.1, 3.1.3, 3.2.1, 4.1, 4.2, 5.1.3, 5.6?
Does the proposed development conform with and/or implement the vision, goal and intent of site and area specific policy 221 in the City of Toronto's Official Plan?
Does the proposed development have regard for all applicable urban design guidelines including the Avenues and Mid-Rise Building Study and Mid-Rise Performance Standards Addendum?
Is the proposed height, massing and scale of the proposed development appropriate for the subject site? Does it cause any adverse impacts on surrounding properties including with respect to shadow? Are the proposed setbacks appropriate?
Is the proposed development appropriate from the following perspectives:
a. setbacks and treatment of the public and private realm in and around the subject site, including buffering and relationship with the neighbouring sites?
b. Angular plane;
c. the design of the balconies;
d. shadow impacts on both the public realm and other private amenity areas;
e. pedestrian connectivity in and around the subject site;
f. vehicular and pedestrian circulation, from a safety perspective;
g. traffic capacity on the immediate street and broader network;
h. public safety (roads and sidewalks); and
i. the location and design of loading spaces and entrances to underground parking?
Does the proposed development fit and is it compatible with the character of the surrounding community?
Is there an appropriate transition between the proposed development in an Apartment Neighbourhood and the immediately adjacent Neighbourhood?
Are there any concerns with the proposed development from a traffic capacity, transportation demand management, access, parking, pedestrian connectivity and public safety perspective?
Is the proposed development appropriate and does it represent good planning?
Are the proposed planning instruments appropriate to approve? Should the Tribunal seek to approve the planning instruments, should the Tribunal's order be withheld to ensure said instruments are in a form satisfactory to all parties?
Is the proposed site plan good planning to approve?
Is the landscape plan and planting plan appropriate and good planning to approve?
Has a sufficient amount of commercial space been incorporated into the proposed development including because of the loss of existing uses on the subject property?
Does the proposed development incorporate appropriate design measures from a climate change perspective?
ATTACHMENT 4
ORDER OF EVIDENCE
St. Clair Developments Limited Partnership
City of Toronto
Rational Development in South Hill Group Inc.
St. Clair Developments Limited Partnership in reply (if any)
ATTACHMENT 5
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 authorization from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (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.