Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 06, 2023
CASE NO(S).: OLT-22-003443 (Formerly PL070797-O070115), OLT-22-003292 (Formerly PL170679)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Proposed Official Plan Amendment Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: OP93-284 and OP2006-007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003443 Legacy Case No: PL070797-O070115 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115 OLT Case Name: Soor v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Zoning By-law Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: 243-2007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003447 Legacy Case No: PL070797-R070203 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Zoning By-law Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: 242-2007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003445 Legacy Case No: PL070797-M070081 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Property Owner: Creditview 4-P Holdings Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Existing Designation: Village Residential Proposed Designation: Low and Medium Residential and remove that portion of the subject lands from the Village of Churchville Heritage Conservation District Description: To permit a residential development Reference Number: T04W14.013 Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003292 Legacy Case No: PL170679 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679 OLT Case Name: Kaura v. Bramprton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Existing Zoning: Residential Hamlet Two (RHm2) Proposed Zoning: Residential Single Detached B (R1B) Description: To permit a residential development Reference Number: T04W14.013 Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003293 Legacy Case No: PL170680 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development Reference Number: 21T-16019B Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003294 Legacy Case No: PL171194 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679
Heard: September 29, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Creditview 4-P Holdings Inc. ("Creditview") | M. Cara, D. Artenosi (in absentia) |
| City of Brampton ("City") | C. Barnett |
| Angelo Riccio | J. Frustaglio |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON SEPTEMBER 29, 2023 AND ORDER OF THE TRIBUNAL
Introduction
1This Case Management Conference ("CMC") was convened for the hearing together of related appeals, summarized as:
- Creditview's appeal to the Churchville Heritage Conservation District adopted by the City (OLT-22-003443) ("heritage appeal"); and
- Creditview's appeals to the absence of decisions by the City on Creditview's applications for Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision (OLT-22-003292) ("site-specific appeals").
Party Status Request
2Angelo Riccio requested Party status to the site-specific appeals, having been granted Party status previously to the heritage appeal. Creditview and the City had no objections to the request, although there was some confusion as to which of the cases Angelo Riccio had been granted Party status previously.
3The Tribunal granted the Party status request, and for clarity, the Tribunal declared that Angelo Riccio is a Party to the heritage and site-specific appeals.
Participant Status Request
4With consent of the Parties, the Tribunal granted the Participant status request of Kathryn Fowlston for the heritage appeal.
5Each of the (now) nine Participants is reminded to take note of the Participant Statement filing date in the Procedural Order ("PO") should you wish to add to the statement filed with your original Participant Application.
Next Steps
6The Tribunal Ordered that: Angelo Riccio's Issues List ("IL") be exchanged with the Parties within five days (on or before October 6, 2023); Creditview file a completed PO with the Tribunal within 10 days (on or before October 13, 2023); and that a further CMC and a Hearing on the Merits will be scheduled.
7The Tribunal denied Angelo Riccio's request to file an IL much later in the process, once further information was shared by Creditview and the City. To prepare in a fair and timely manner for the Hearing, all Parties deserve to understand each Party's issues. Angelo Riccio may phrase the IL to encompass all concerns regarding such stated matters as density and future access. To the concern of not knowing the future owner of proposed Block 18, the Parties undertook to confirm such with Angelo Riccio, although, again, the Tribunal emphasized that plans can change as issues evolve, and thus, the IL may cover the subject more generally, subject to the input of all Parties and final approval of the Tribunal.
Procedural Order
8Having received the final PO with IL as directed, the Tribunal approves the PO attached hereto as Schedule 1.
CMC and Hearing Dates
9The Tribunal scheduled the next CMC and the Hearing on the Merits as follows. No further Notice will be issued.
April 11, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 709-076-365
June 17 through June 21, 2024 at 10 a.m. (five-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/344779885 Access code: 344-779-885 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 344-779-885
10Parties 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.
11Parties 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
12Persons 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.
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 CMC and 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 Orders its directions and rulings noted above.
15This Member is not seized but may be consulted through the Case Coordinator should procedural issues arise.
"S. Tousaw"
S. TOUSAW VICE-CHAIR
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 1
CASE NO.: OLT-22-003443 (Formerly PL070797-O070115), OLT-22-003292 (Formerly PL170679)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Proposed Official Plan Amendment Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: OP93-284 and OP2006-007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003443 Legacy Case No: PL070797-O070115 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115 OLT Case Name: Soor v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Zoning By-law Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: 243-2007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003447 Legacy Case No: PL070797-R070203 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21
Appellant: Baljinder and Harjinder Soor Appellant: Jascyn Properties Limited Appellant: Mario and Maria Fasulo Appellant: Eno Investments Limited Appellant: Ron Baldesarra Subject: Zoning By-law Description: To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District Reference Number: 242-2007 Property Address: Churchville Conservation District Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003445 Legacy Case No: PL070797-M070081 OLT Lead Case No: OLT-22-003443 Legacy Lead Case No: PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Property Owner: Creditview 4-P Holdings Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Existing Designation: Village Residential Proposed Designation: Low and Medium Residential and remove that portion of the subject lands from the Village of Churchville Heritage Conservation District Description: To permit a residential development Reference Number: T04W14.013 Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003292 Legacy Case No: PL170679 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679 OLT Case Name: Kaura v. Bramprton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Existing Zoning: Residential Hamlet Two (RHm2) Proposed Zoning: Residential Single Detached B (R1B) Description: To permit a residential development Reference Number: T04W14.013 Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003293 Legacy Case No: PL170680 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jaspreet Kaura et al Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development Reference Number: 21T-16019B Property Address: 7614, 7624, 7650, 7662 Creditview Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-003294 Legacy Case No: PL171194 OLT Lead Case No: OLT-22-003292 Legacy Lead Case No: PL170679
Procedural Order
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties' request or its own motion.
Organization of the Hearing
The hearing will begin on Monday June 17, 2024 at 10:00 a.m.
The length of the hearing will be 5 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.
In the event that in-person hearings are not possible at the time of the final Case Management Conference, the hearing referenced in paragraph 1 above may be converted to a video hearing at that time.
The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.
The Issues are set out in the Issues List attached as 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 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
A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered at least one hundred and eighteen (118) calendar days before the hearing (on or before Tuesday February 20, 2024). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and is to provide a copy of their curriculum vitae. 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 March 4, 2024).
Expert witnesses in the same discipline(s) shall have at least one meeting ninety (90) calendar days before the hearing (on or before Tuesday March 19, 2024) to try to resolve or reduce the issues for the hearing. Following the experts' meeting(s) 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 the Parties and the Tribunal at least seventy-five (75) calendar days before the hearing (on or before Wednesday April 3, 2024).
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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided, as in paragraph 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 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 time as the delivery of expert witness statements, as in paragraph 15.
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 15.
At least sixty (60) calendar days prior to the scheduled commencement of the hearing (on or before Thursday April 18, 2024), a Participant shall provide copies of their written participant statement to the other Parties and to the Tribunal in accordance with paragraph 22 below. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
At least sixty (60) calendar days prior to the scheduled commencement of the hearing (on or before Thursday April 18, 2024), the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the Tribunal case coordinator and in accordance with paragraph 22 below.
At least twenty-seven (27) calendar days prior to the scheduled commencement of the hearing (on or before Tuesday May 21, 2024), the Parties shall provide copies of their written response(s) to any written evidence to the other Parties and to the Tribunal in accordance with paragraph 22 below.
At least twenty (20) calendar days prior to the scheduled commencement of the hearing (on or before Tuesday May 21, 2024), the Parties shall file with the Tribunal a detailed Work Plan that identifies the following, at a minimum: the Parties participating in the hearing, preliminary matters to be addressed (if any), 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. In the event of a disagreement between the Parties about the Work Plan, the Tribunal may be spoken to.
The Parties shall prepare a Joint Document Book on or before (on or before Tuesday May 28, 2024), (20 days before the hearing is scheduled to commence), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 22.
At least fourteen (14) calendar days prior to the scheduled commencement of the hearing (on or before Monday June 3, 2024), the Parties shall provide copies of their visual evidence to the other Parties and the Tribunal in accordance with paragraph 22.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with Rule 10 of the Tribunal's Rules.
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.
All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7 of the Tribunal's Rules.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. Rule 17 of the Tribunal's Rules shall apply 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.
ATTACHMENT 1
SUMMARY OF DATES
| DATE | EVENT |
|---|---|
| Tuesday February 20, 2024 (118 days prior to hearing) | Exchange of Witness Lists |
| Monday March 4, 2024 (105 days prior to hearing) | Deadline to Challenge Witnesses or Qualifications |
| Tuesday March 19, 2024 (90 days prior to hearing) | Experts meeting(s) prior to this date |
| Wednesday April 3, 2024 (75 days prior to hearing) | Deadline to File Any Agreed Statement(s) of Facts |
| Thursday April 18, 2024 (60 days prior to hearing) | Exchange of Witness Statements and Experts Reports, Participant Statements (if any), and summoned witness outlines (if any) |
| Tuesday May 21, 2024 (27 days prior to hearing) | Exchange of Reply Witness Statements (if any) |
| Tuesday May 28, 2024 (20 days prior to hearing) | Filing of Work Plan and Joint Document Book |
| Monday June 3, 2024 (14 days prior to hearing) | Exchange of visual evidence (if any) |
| Monday June 17, 2024 – Friday June 21, 2024 | Ontario Land Tribunal Hearing |
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
*Counsel/Agent
Creditview 4P Holding Inc. (Applicant/Appellant) Michael Cara / Daniel Artenosi Overland LLP Yonge Norton Centre 5255 Yonge Street, Suite 1101 Toronto, ON M2N 6P4 Email: mcara@overlandllp.ca / dartenosi@overlandllp.ca Tel: 416.730.8844 / 416.730.0320
City of Brampton Chris Barnett Osler, Hoskin and Harcourt LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto, ON M5X 1B8 Email: cbarnett@osler.com Tel: 416.862.6651
Angelo Riccio Jonathan Frustaglio Sutherland Law 3300 Highway No 7, Suite 904 Vaughan, ON L4K 4M3 Email: jfrustaglio@sutherlaw.com Tel: 905.695.5500 ext. 2930
B. PARTICIPANTS
Contact Information
Dio Viera 7646 Creditview Road Brampton, ON L6Y 0H4 paradiolegal@gmail.com
Michelle Pinheiro 7638 Creditview Road Brampton, ON L6Y 0H4 mota_mich@hotmail.com
Dora Basendowski 7711 Creditview Road Brampton, ON L6Y 0H4 basendowski@gmail.com
Dian Landurie 7558 Creditview Road Brampton, ON L6Y 0H4 dian.landurie@gmail.com
Kathryn Gowlson 7640 Creditview Road Brampton, ON L6Y 0G5 kif8skip@gmail.com
John Hughes 7630 Creditview Road Brampton, ON L6Y 0H4 jhughes.pbs@gmail.com
Monika Lendorff 7614 Creditview Road Brampton, ON L6Y 0G5 lendorffmonika@hotmail.com
Fil Falbo 5 McNutt Street Brampton, ON L6Y 5L3 filf@ona.org
ATTACHMENT 3
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. 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 Tribunal 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 Tribunal.
1) City of Brampton
- Are the proposed height limits in the zoning by-law appropriate and consistent with the character of the Heritage Conservation District?
- Should the proposal be allowed to deviate from the RHm2 height maximum that is applicable within the HCD?
2) Angelo Riccio
- Who will retain control over Block 18 in the Proposed Draft Plan of Subdivision ("PDPS") dated August 25, 2022?
- Will Mr. Riccio's lot have access to Edmonton Street in the PDPS?
- What measures will be taken to ensure that Mr. Riccio enjoys access to Edmonton Street and does not become landlocked?
- Will the proposed intensification outlined in the PDPS negatively impact Mr. Riccio's interest in the orderly development of his property, and what safeguards will be implemented to protect his future development interests in the light of these changes?
- If frontage onto Edmonton Street is denied to Mr. Riccio, how can the PDPS be revised to avoid adverse impact upon Mr. Riccio's property?
- Will the proposed intensification align with the distinct character of the Churchville Heritage Conservation?
- Is the PDPS good planning and appropriate development?
ATTACHMENT 4
ORDER OF EVIDENCE
NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence. The Order of Evidence will be described in greater detail in the Work Plan that is filed with the Tribunal.
- Creditview 4P-Holding Inc. (Applicant/Appellant)
- Parties in Support of Creditview 4P-Holding Inc.
- Parties in Opposition of Creditview 4P-Holding Inc.
- Reply by Creditview 4P-Holding Inc. (if necessary)
ATTACHMENT 5
Purpose of the Procedural Order and Meaning of Terms
Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written 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, must ask the Tribunal to permit this.
Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal's Rules of Practice and Procedure.
NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as parties can.
Written and Visual Evidence:
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party 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 intends to present as evidence at the hearing.
Witness Statements:
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 the witness will discuss and the witness' opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include the expert's (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.
A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.
Additional Information:
Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.
The order of examination of witnesses: is usually direct examination, 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.