Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 31, 2023 CASE NO(S).: OLT-23-000390

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Edenshaw SSR Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 26-storey residential building Reference Number: OZ OPA 22-23 W1 Property Address: 49 South Service Road Municipality/UT: Mississauga/Peel OLT Case No: OLT-23-000390 OLT Lead Case No: OLT-23-000390 OLT Case Name: Edenshaw SSR Developments Limited v. Mississauga (City)

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

Applicant/Appellant: Edenshaw SSR Developments Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 26-storey residential building Reference Number: OZ OPA 22-23 W1 Property Address: 49 South Service Road Municipality/UT: Mississauga/Peel OLT Case No: OLT-23-000391 OLT Lead Case No: OLT-23-000390

Heard: September 8, 2023 by Video Hearing

APPEARANCES:

Parties Counsel/Representative

Edenshaw SSR Developments Limited Mark Flowers Grace O’Brien

City of Mississauga Lia Magi

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON SEPTEMBER 8, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference before the Tribunal with respect to appeals under subsections 22(7) and 34(11) of the Planning Act by Edenshaw SSR Developments Limited (“Applicant”) from the failure of the City of Mississauga (“City”) to make a decision within the statutory timeframes on applications for an Official Plan Amendment and a Zoning By-Law Amendment (“Applications”) with respect to lands municipally known as 49 South Service Road in the City of Mississauga (“Subject Property”).

2The purpose of the Applications is to facilitate a proposal by the Applicant to permit the development of a 26-storey residential building, containing a total of 352 units, on the Subject Property.

3At the CMC, the Tribunal canvassed Counsel, who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service, sworn by Keith Marshall and Olga Karmanova on August 15, 2023, which was marked as Exhibit 1, and confirms that Notice was adequately provided. As such, no further notice is required.

PARTY/PARTICIPANT STATUS REQUESTS

4The Tribunal did not receive any requests for Party or Participant status prior to the CMC, and no one attended the CMC seeking status.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

5The Parties provided a draft Procedural Order (“PO”) prior to the CMC, for the Tribunal’s consideration and approval. The PO was accepted, with the sole direction that the timeline by which the Parties advise as to whether they require all Hearing dates (paragraph 16 of the PO) be revised from 35 days to 45 days.

6No Issues List (“IL”) was provided. However, the Parties advised that a City Staff Report dated August 11, 2023 (“Staff Report”) had been prepared regarding these Applications, which outlined the City’s concerns, as they currently were, and provided certain recommendations for further steps. The City’s Counsel advised that the Staff Report contained an Appendix from which the issues will be drawn. The Staff Report was provided to the Tribunal. Additionally, the Applicant’s Counsel provided an overview of the Applications, outlining certain concerns that had been raised by the City. The Parties further advised that the City Council meeting on these Applications was taking place the week after the CMC, and they expected that the Staff Report would be adopted by Council. As such, though no IL was before the Tribunal at the CMC, the Tribunal was provided with an indication of the types of issues that would be live at this Hearing. The City’s Counsel advised that the issues could be finalized after the Council meeting and provided to the Tribunal subsequently.

7The PO and IL were ultimately provided to the Tribunal on October 27, 2023, and have been reviewed and ratified by the Tribunal.

MEDIATION AND SETTLEMENT

8The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that the Staff Report recommended mediation in this case, and the Parties planned to consider this option, but at this stage, they were not sure whether they would engage in informal discussions or a formal mediation.

9The 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.

HEARING

10The Parties requested that, based on the draft PO and the overview of the issues they had provided, a Hearing for this matter be scheduled. While the Tribunal normally requires an IL prior to scheduling a Hearing, in this case, the joint submissions by the Parties, the detailed Staff Report, and the Parties’ confirmation that the IL would be provided imminently was sufficient to allow the Tribunal to proceed with scheduling the Hearing.

11Based on the nature of what remained to be done, it was found that a one-year timeline in advance of the Hearing was sufficient and prudent. With respect to the duration of the Hearing, given the number of potential issues and witnesses, the Tribunal agreed that a nine (9) day hearing was sufficient. Accordingly, a Video Hearing has been scheduled to commence at 10:00 a.m. on Tuesday, September 10, 2024 and to proceed until Friday, September 20, 2024, for nine (9) days.

12On those dates, the Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.

13The Hearing is scheduled to proceed by video as follows:

https://global.gotomeeting.com/join/914098901

Access Code: 914-098-901

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 as indicated in paragraph [13] of this Decision.

15The Parties 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

16Individuals 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

17THE TRIBUNAL ORDERS as follows:

a. The Procedural Order and Issues List, attached as Schedule A, shall govern these proceedings.

b. The Hearing in this matter will commence on Tuesday, September 10, 2024 at 10:00 a.m., by video conference, and nine (9) days have been set aside.

18There will be no further notice.

19The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“Bita M. Rajaee”

BITA M. RAJAEE

MEMBER

Ontario Land Tribunal

Website: www.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

CASE NO(S).: OLT-23-000390 & OLT-23-000391

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Edenshaw SSR Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 26-storey residential building Reference Number: OZ/OPA 22-23 W1 Property Address: 49 South Service Road Municipality/UT: Mississauga/Peel OLT Case No: OLT-23-000390 OLT Lead Case No: OLT-23-000390 OLT Case Name: Edenshaw SSR Developments Limited v. Mississauga (City)

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

Applicant/Appellant: Edenshaw SSR Developments Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 26-storey residential building Reference Number: OZ/OPA 22-23 W1 Property Address: 49 South Service Road Municipality/UT: Mississauga/Peel OLT Case No: OLT-23-000391 OLT Lead Case No: OLT-23-000390

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday, September 10, 2024 at 10:00 a.m. No further notice shall be required.

3. The parties’ initial estimation for the length of the hearing is 9 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 (see Attachment 4 for the meaning of these terms).

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, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between any of the parties.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal to the other parties on or before Monday, April 15, 2024. The City of Mississauga may revise its issues list, including adding any new issues arising from a revised proposal, within 14 days of receiving a revised proposal without a motion to the Tribunal. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing. In the event of a dispute, the Tribunal may be spoken to.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, May 13, 2024 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 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 Monday, June 3, 2024.

11. Expert witnesses in the same field shall have a meeting on or before Wednesday, June 12, 2024 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 Thursday, June 27, 2024.

12. 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.

13. 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.

14. On or before Friday, July 12, 2024, 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.

15. On or before Friday, July 12, 2024, a participant shall provide copies of their written participant statement to the other parties and the OLT case co-ordinator 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.

16. On or before Friday, July 26, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Monday, August 19, 2024, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 23 below.

18. On or before Tuesday, August 27, 2024, 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.

19. On or before Friday, August 30, 2024, the parties shall share with the OLT case co-ordinator a joint document book prepared jointly and cooperatively by the parties.

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 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 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, August 27, 2024 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. All filings shall be submitted electronically and, if requested by the Tribunal, 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.

24. 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.

Summary of Dates

Date Event

Monday, April 15, 2024 Applicant shall provide copies of a revised proposal (if any) to the other Parties by this date

Monday, May 13, 2024 Parties to exchange lists of witnesses (names, disciplines and intended order to be called)

Wednesday, June 12, 2024 Expert witnesses in the same field shall have a meeting

Thursday, June 27, 2024 Parties must prepare and file a Statement of Agreed Facts and Issues

Friday, July 12, 2024 Witness Statements and Participant Statements to be exchanged

Friday, July 26, 2024 Parties to advise Tribunal whether all the Hearing days are required

Monday, August 19, 2024 Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged

Tuesday, August 27, 2024 Visual Evidence to be exchanged

Tuesday, August 27, 2024 Draft Hearing Plan to be filed

Friday, August 30, 2024 Joint Document Book to be filed

Tuesday, September 10, 2024 Hearing commences

Attachment 1

List of Parties and Participants

Parties

1. Edenshaw SSR Developments Limited Mark Flowers and Grace O’Brien Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Email: markf@davieshowe.com / graceo@davieshowe.com Tel: 416-977-7088

2. City of Mississauga Lia Magi Legal Services Division 300 City Centre Drive Mississauga, ON L5B 3C1 Email: lia.magi@mississauga.ca Tel: 289-971-0682

Participants

N/a

Attachment 2

Issues List

The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

City of Mississauga Issues List

PLANNING ACT:

1. Does the proposed development have regard to matters of Provincial interest as outlined in Section 2 of the Planning Act including but not limited to subsections (o), (p), (q) and (r)?

PROVINCIAL POLICIES:

2. Does the proposed development demonstrate consistency with the Provincial Policy Statement 2020 including but not limited to Policies 1.1.1, 1.1.3.4 and 1.6.8?

3. Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe including but not limited to Policies 2.2.1.4, 2.2.2.3, 2.2.4.9, 3.2.1, 3.2.2, 3.2.5 and 5.2.5.6?

REGION OF PEEL OFFICIAL PLAN, OFFICE CONSOLIDATION 2021:

4. Does the proposed development conform to the Region of Peel Official Plan, Office Consolidation September 2021 including but not limited to Sections 5.3.1.4, 5.3.1.5and 5.3.2.6?

REGION OF PEEL OFFICIAL PLAN, 2022:

5. Does the proposed development have appropriate regard to the Region of Peel Official Plan, 2022 including but not limited to Sections 5.6.15, 5.6.17 and 5.6.19?

MISSISSAUGA OFFICIAL PLAN:

6. Does the proposed development conform to Mississauga Official Plan, including but not limited to policies in:

a. Chapter 5: Direct Growth - Sections 5.1 Introduction, 5.3 City Structure, 5.3.5 Neighbourhoods, 5.4 Corridors and 5.5 Intensification Areas

b. Chapter 6: Value the Environment – Sections 6.1 Introduction, 6.2 Living Green, 6.3.1 to 6.3.7, 6.3.39 to 6.3.46 (Urban Forests),6.3.64 to 6.3.86 (Parks and Open Space), 6.5 Air Quality and 6.10 Noise

c. Chapter 7: Complete Communities – Section 7.1 Introduction

d. Chapter 8: Create a Multi Modal City – Section 8.4 Parking

e. Chapter 9: Build a Desirable Urban Form – Sections 9.1 Introduction, 9.2 City Pattern, 9.2.1 Intensification Areas, 9.2.3 Green System, 9.3 Public Realm, 9.3.5 Open Spaces and Amenity Areas, 9.5.1 Context, 9.5.2 Site Development, 9.5.3 Buildings, 9.5.4 Relationship to the Public Realm, 9.5.5 Parking, Servicing and Loading and 9.5.6 Safety

f. Chapter 16: Neighbourhoods – Section 16.1 Introduction and 16.18 to 16.18.4, Mineola

g. Chapter 19: Implementation – Sections 19.4 Development Applications and 19.5 Criteria for Site Specific Official Plan Amendments

PLANNING, DESIGN, LANDSCAPE, PARKING AND TRAFFIC ISSUES:

7. Does the proposed development appropriately address:

a. The Urban Design Guidelines and Standards of the City of Mississauga and Guidelines of the Ministry of the Environment, Conservation and Parks, including but not limited to

i. the Urban Design Terms of Reference for Pedestrian Wind Comfort and Safety Studies,

ii. the Urban Design Terms of Reference for Shadow Studies; and

iii. Environmental Noise Guideline - Stationery and Transportation Sources - Approval and Planning (NPC-300)

8. Is the proposed built form, massing and scale of the development appropriate in the surrounding context?

9. Do the development standards including but not limited to building height, setbacks and site layout result in unacceptable impacts on the surrounding context, including but not limited to adverse wind conditions?

10. Does the proposed development incorporate appropriately located and sized indoor and outdoor amenity areas that provide for the quiet enjoyment, physical comfort and safety of residents?

11. Have the mitigation of adverse environmental impacts on the amenity areas including but not limited to noise and wind been properly addressed?

12. Does the proposed development incorporate appropriate landscaped areas/buffers?

13. Has the applicant adequately justified the proposed reduction in parking rates for the proposed development?

14. Has the applicant adequately assessed the proposed development’s impact on the local road network including an assessment of the ingress/egress at South Service Road? Is the proposed ingress/egress appropriate?

15. Has the applicant satisfied the requirements of the Ministry of Transportation including but not limited to ensuring all buildings, structures and essential site features comply with setback requirements, the provision of a satisfactory traffic impact study and approval of the proposed vehicular access locations and movements?

16. Are the proposed Zoning By-law standards appropriate?

17. Is approval of the proposal premature until the following is provided to the satisfaction of the City and other public authorities as applicable, or alternatively is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:

a. Execution of a satisfactory Development Agreement which includes the securement of new municipal infrastructure

b. Completion and filing of a Record of Site Condition (RSC) with the MECP

c. Receipt of Architectural Plans confirming the location of required noise mitigation features to the satisfaction of the Transportation and Works and Planning and Building Departments

d. Receipt of an updated Traffic Impact Study to the satisfaction of the City’s Transportation and Works Department and the Ministry of Transportation

e. Receipt of updated Turning Movement Diagrams to evaluate the internal site circulation and access points to the satisfaction of the City’s Transportation and Works Department

f. Receipt of an updated Noise and Vibration Feasibility Study to the satisfaction of the City’s Transportation and Works and Planning and Building Departments

g. Receipt of an updated Functional Servicing Report and Stormwater Management Report to the satisfaction of the City’s Transportation and Works Department

h. Receipt of an updated Pedestrian Wind Study to the satisfaction of the City’s Planning and Building Department

i. Receipt of an updated Sun/Shadow Study to the satisfaction of the City’s Planning and Building Department

j. Receipt of satisfactory environmental documents including the Storm Sewer Use By-law Acknowledgement form and a signed letter by a QP regarding the suitability of fill materials, and the decommissioning of wells to the satisfaction of the City's Transportation and Works Department

k. Receipt of updated Engineering Plans including Grading and Servicing Plans to the satisfaction of the City’s Transportation and Works Department

l. Receipt of confirmation from Ministry of Citizenship and Multiculturalism that all archaeological resource concerns have met licensing and resource conservation requirements

m. Receipt of confirmation of approval from the Ministry of Transportation

18. In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment and Zoning By-law Amendment?

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

Attachment 3

Order of Evidence

1. Edenshaw SSR Developments Limited
2. City of Mississauga
3. Reply of Edenshaw SSR Developments Limited (if any)

Attachment 4

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.