Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 07, 2023
CASE NO(S).:
OLT-22-004065
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
7420443 Ontario Inc
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 28-storey mixed-use building with retail at grade
Reference Number:
21 251832 NNY 08 OZ
Property Address:
3300 Dufferin Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-004065
OLT Lead Case No.:
OLT-22-004065
OLT Case Name:
7420443 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
7420443 Ontario Inc
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 28-storey mixed-use building with retail at grade
Reference Number:
21 251832 NNY 08 OZ
Property Address:
3300 Dufferin Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-004066
OLT Lead Case No.:
OLT-22-004065
Heard:
January 23, 2023 by video hearing
APPEARANCES:
Parties
Counsel
7420443 Ontario Inc. (“Appellant”)
Z. Fleisher
C. Brown, Student-at-Law
City of Toronto
S. Amini
U. Gautam
Future Delight Investment Ltd.
J. Alati (in absentia)
DECISION DELIVERED D. ARNOLD ON JANUARY 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This second Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the City of Toronto’s (“City”) failure to make a decision within the statutory time period on an application for an Official Plan Amendment to the City’s Official Plan and an application for a Zoning By-law Amendment to the City’s Zoning By-law to permit the redevelopment of the lands municipally known as 3300 Dufferin Street (the “Subject Property”) with a 28-storey mixed use (residential and commercial retail at grade) building (the “Appeals”). The Subject Property is located at the southwest corner of Dufferin Street and Bentworth Avenue.
PARTY AND PARTICIPANT STATUS
2Counsel for Future Delight Investment Ltd. (“FDI”) provided a letter dated December 5, 2022 to the Tribunal and the parties indicating that FDI wishes to withdraw from its Party status in the subject proceedings and not participate in the proceedings as a Party or Participant. The remaining parties indicated that they have no concerns with this request. The Tribunal grants the request of FDI to withdraw from its Party status in the subject proceedings.
PROCEDURAL ORDER
3The Parties provided a draft Procedural Order including Issues List in advance of the CMC. There were submissions regarding some minor revisions with respect to Paragraph 12 (inclusion of any reports to be relied upon by witnesses to be included with the witness statement) and Issue 11 in the draft Issues List (clarification with respect to the issue of a potential interim and final order of the Tribunal).
4The Parties were directed to provide the Tribunal with a revised draft Procedural Order by no later than end of day Monday January 30, 2023.
5A revised draft Procedural Order was provided to the Tribunal as requested at the CMC and the finalized Procedural Order for this matter attached as Schedule “A” to this Order is approved.
MEDIATION OPPORTUNITIES
6The Parties indicated that it is possible that once their respective expert witnesses have had an opportunity to consider the issues of the Appeals and participate in the Experts’ meeting prescribed by the Procedural Order, the Parties may agree that mediation may be useful to resolve or narrow some or all of the issues of the Appeals. The Parties were directed to contact the Tribunal case co-ordinator assigned with respect to the Appeals in the event that they wish to avail themselves of a Tribunal-facilitated mediation assessment.
HEARING DATES
7The Parties estimate that 10 hearing days will be required for a hearing on the merits of the Appeals. The Parties indicated that this estimate is based on anticipating that each party will call 3-5 expert witnesses to provide evidence in connection with the issues of the Appeals including urban planning, urban design, transportation, parks, and servicing issues. The Tribunal is satisfied that this estimate is reasonable.
8The hearing by video will commence on Monday, December 4, 2023 at 10:00 a.m. for ten (10) days and in accordance with the provisions of the Procedural Order approved pursuant to this Order.
9Parties 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.
10The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
11Persons 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 as indicated above.
12Parties 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
13Individuals 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.
ORDER
14The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeals.
15The Panel Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
16No further notice will be given.
“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.
Schedule “A” – Procedural Order
CASE NO(S).: OLT-22-004065 & OLT-22-04066
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
7420443 Ontario Inc
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 28-storey mixed-use building with retail at grade
Reference Number:
21 251832 NNY 08 OZ
Property Address:
3300 Dufferin Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-004065
OLT Lead Case No.:
OLT-22-004065
OLT Case Name:
7420443 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
7420443 Ontario Inc
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 28-storey mixed-use building with retail at grade
Reference Number:
21 251832 NNY 08 OZ
Property Address:
3300 Dufferin Street
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-004066
OLT Lead Case No.:
OLT-22-004065
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 video hearing will begin on Monday, December 4, 2023 at 10:00 a.m. at https://global.gotomeeting.com/join/692665589
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 procedural order deadlines are generally found in Attachment 1.
Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order. See Attachment 5 for the meaning of these terms.
The issues are set out in the Issues List attached as Attachment 3. 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 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 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.
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, and updated supporting documents and reports, to the other parties on or before August 7, 2023 in accordance with paragraph 23 below. 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.
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 August 16, 2023 and in accordance with paragraph 23 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. Any challenges to the 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 August 25, 2023.
Expert witnesses in the same field shall have a meeting on or before August 25, 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 and Issues with the OLT case co-ordinator on or before September 5, 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 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. 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 included in their expert witness statement and provided to the other Parties and the Tribunal as in paragraph 14.
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 14 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 14 below.
On or before October 5, 2023 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before October 5, 2023 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before September 25, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before November 14, 2023 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fifteen (15) days after the evidence is received and in accordance with paragraph 23 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 24, 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 at least 7 days before the hearing 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 November 27, 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.
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.
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.
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
August 7, 2023
Revised plans and instruments (if any)
August 16, 2023
Exchange of witness lists (names, disciplines and order to be called)
August 25, 2023
Experts Meeting
September 5, 2023
Agreed Statement of Facts
September 25, 2023
Parties to confirm with the Tribunal if all the reserved hearing dates are still required
October 5, 2023
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
October 20, 2023
Exchange of Reply Witness Statements (if any)
November 14, 2023
Exchange of visual evidence (if any)
November 24, 2023
Preparation of Joint Document Book
November 27, 2023
Hearing Plan filed with the Tribunal
December 4, 2023
Hearing commences
ATTACHMENT 2
LIST OF PARTIES/PARTICIPANTS
PARTIES
7420443 Ontario Inc.
David Bronskill and Zachary Fleisher, Goodmans LLP
dbronskill@goodmans.ca / zfleisher@goodmans.ca
416.597.4299 / 416.597.4286
City of Toronto
Sara Amini and Uttra Gautam, City of Toronto Legal Services Sara.Amini@toronto.ca / Uttra.Gautam@toronto.ca 416.392.2723
PARTICIPANTS
- Mountstone Holdings Inc.
Miriam Isenberg 11 Bentworth Avenue Toronto, Ontario M6A 1P1 miriam@mdillb.ca 416.785.4441
Miriam Isenberg (in her personal capacity)
Miriam Isenberg
11 Bentworth Avenue
Toronto, Ontario
M6A 1P1
416.785.4441
2255695 Ontario Limited and B.J.S. Properties Inc.
Ilia Valitsky
647.564.6175
Helen Realista
306.421.1135
Lyndale Investments Inc.
Joe Montana
24 Bentworth Avenue
Toronto, Ontario
M6A 1P3
Joe Montana (in his personal capacity)
Joe Montana
24 Bentworth Avenue
Toronto, Ontario
M6A 1P3
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 will be a matter of evidence at the hearing or in a motion, as necessary. 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.
CITY OF TORONTO ISSUES
Issue 1: Does the proposed development including its Official Plan and Zoning By- law Amendments have regard for matters of provincial interest as set out in Section 2 and Section 2.1 of Planning Act?
Provincial Policy Statement
Issue 2: Is the proposed development including its Official Plan and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020) pursuant to Section 3 of the Planning Act, including, but not limited to 1.0 (Building Strong Healthy Communities), and 4.0 (Implementation and Interpretation).
Growth Plan for the Greater Golden Horseshoe
Issue 3: Does the proposed development including its Official Plan and Zoning By- law Amendments conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), including, but not limited to 2.2 (Policies for Where and How to Grow), and 5.0 (Implementation and Interpretation).
City of Toronto Official Plan
Issue 4: Does the proposed development including its Official Plan and Zoning By- law Amendments conform with policies of the City of Toronto's Official Plan including, but not limited to, 2.2 (Structuring Growth in the City), 2.4 (Transportation) 3.1.1 (The Public Realm), 3.1.3 (Built Form), 3.1.4 (Built Form – Building Types), 3.2.1 (Housing), 3.2.3 (Parks and Open Spaces), 3.5.1 (Creating a Strong and Diverse Civic Economy) 4.5 (Mixed Use Areas), 4.6 (Employment Areas) and 5 (Implementation), and will they be able to meet the future requirements of 5.1.3 (Toronto Green Standard).
Dufferin Street Secondary Plan
Issue 5: Does the proposed development conform with policies of the Dufferin Street Secondary Plan including, but not limited to 1(Vision), 2 (Realizing the Vision), 3 (Development, Land Use and Built Form), 4 (Streetscape), 5 (Density), 6 (Municipal Servicing), 7 (Mobility), 8 (Sustainability), 10 (Housing and Community Services and Facilities), and 11 (Implementation and Interpretation)?
Guidelines
Issue 6: Does the proposed development meet the intent of the Dufferin Street Urban Design Guidelines, Growing Up Urban Design Guidelines, Pet Friendly Design Guidelines, Tall Building Design Guidelines, and Mid-Rise Buildings Performance Standards and Addendum?
Context and Built Form
Issue 7: Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:
a) The overall fit of the proposed development within its existing and planned context;
b) Built form including the building type, setbacks, stepbacks, building height, streetwall heights, number of storeys, and density;
c) relationship of the proposed development with the public realm, and the impact of wind and shadowing on the proposed POPS, park, public streets and outdoor amenity spaces; and
d) Proposed streetscape on Dufferin Street and Bentworth Avenue.
Trees
Issue 8: a) Does the proposed development provide sufficient soil volume/depth to support large canopy trees?
b) Has the applicant provided a satisfactory Public Utilities Plan to Quality Level A, including section details, demonstrating whether there is no conflict between soil infrastructure and the underground utilities?
Parkland
Issue 9: a) Has a parkland dedication of an appropriate size, location and configuration been proposed under Section 42 of the Planning Act?
b) Does the proposed parkland dedication conform to Chapter 415 Article III of the Toronto Municipal Code, and with Policies 3.1.3.1 and 3.2.3 of the City of Toronto Official Plan?
Application Support Material: Terms Of reference
Issue 10: Should the applicant provide a Block Context Plan that appropriately demonstrates a comprehensive idea of development for Block 5 in the Dufferin Street Secondary Plan and the larger Mixed Use Areas designated lands?
Conditions of Approval
Issue 11: In the event that the proposed development is approved in whole or in part, what conditions would be appropriate, and should the OLT's final Order be withheld until the City Solicitor has provided written confirmation to the OLT that the following conditions have been satisfied:
a) The final form and content of the draft Official Plan Amendment and Zoning By-law Amendment, as approved by the OLT in its interim Order, are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b) The owner has submitted revised architectural and landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning;
c) The owner has submitted revised sun/shadow and wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning;
d) The owner has addressed all outstanding issues related to the Official Plan and Zoning By-law Amendment application within the Engineering and Construction Services memorandum dated March 10, 2022, or as may be updated, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and other issues in comments from City staff in other divisions, and external commenting agencies, to the satisfaction of the City and external commenting agencies;
e) The owner has submitted an updated Urban Transportation Considerations Report to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;
f) The owner has submitted a revised Travel Demand Management (TDM) Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required;
g) The owner has provided a revised Functional Servicing and Stormwater Management Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
h) The owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering & Construction Services for Work on the City's Right-of-Way;
i) The owner has confirmed from the City Solicitor that the implementation of the Functional Servicing Report and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, does not require changes to the proposed amending Official Plan and Zoning By-law, or any such required changes have been made to the proposed amending Official Plan and Zoning By-law, to the satisfaction of the Chief Planner and Executive Director, City Planning;
j) The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10; and
k) The owner has addressed any issues resulting from the City's peer review of the Compatibility and Mitigation Studies (air quality, dust, odour, noise) prepared in support of the application by SLR Consulting (Canada) Ltd, dated December 1, 2021, to the satisfaction of the Chief Planner and Executive Director, City Planning.
ATTACHMENT 4
ORDER OF EVIDENCE
7420443 Ontario Inc.
City of Toronto
7420443 Ontario Inc. 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.