Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 01, 2023 CASE NO(S).: OLT-23-000276

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

Applicant/Appellant: 21 Broadview Avenue Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and 15 three-storey townhouse units. Reference Number: 21 210146 STE 14 OZ Property Address: 21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-000276 OLT Lead Case No.: OLT-23-000276 OLT Case Name: 21 Broadview Avenue 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: 21 Broadview Avenue Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and 15 three-storey townhouse units. Reference Number: 21 210146 STE 14 OZ Property Address: 21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-000277 OLT Lead Case No.: OLT-23-000276

Heard: October 30, 2023 by telephone conference

APPEARANCES:

Parties	Counsel
21 Broadview Avenue Inc.	David Bronskill
City of Toronto	Nathan Muscat Adam Ward (in absentia)
Riverside Community Group	Jonathan Minnes

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON OCTOBER 30, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened the second Case Management Conference (“CMC”) with respect to appeals filed by 21 Broadview Avenue Inc. (“Applicant/Appellant”) regarding the City of Toronto (“City”) Council’s failure to make a decision regarding applications for an Official Plan Amendment (“OPA”) under s. 22(7) of the Planning Act (“Act”) and a Zoning By-law Amendment (“ZBA”) under s. 34(11) of the Act, for the property municipally addressed as 21-53 Broadview Avenue, 344 Eastern Avenue, 18-34 and 40 Lewis Street (“Subject Site”).

2The application proposes an Official Plan Amendment (“OPA”) and applicable Zoning By-law Amendments (“ZBA”) to permit a 12-storey mixed-use building with an interior block of 15 three-storey townhouse units. A total of 340 residential units are proposed with 110 one-bedroom, 195 two-bedroom and 35 three-bedroom units. The development also proposes a public park on the majority of 344 Eastern Avenue.

3Mr. Jonathan Minnes advised that there had been a change of Counsel for the Riverside Community Group and that he would now be appearing on their behalf.

PARTICIPANT STATUS REQUEST

4In response to the notice, the Tribunal received a Participant status request from Curtis Petersen the owner of a property located adjacent to the Subject Site. On consent of the Parties, the Tribunal finds that Curtis Petersen has a genuine interest in these proceedings and grants the requested Participant status.

PROCEDURAL ORDER

5The updated Procedural Order (“PO”) was submitted by the Parties and has been approved by the Tribunal as included in Schedule 1.

MEDIATION

6The Parties were advised that Tribunal-led mediation was available and that they may request this mediation at their convenience through the Case Coordinator.

MERIT HEARING

7The Tribunal canvassed the Parties with respect to their availability for a 10-day Merit Hearing. On consent of the Parties, the Tribunal scheduled a 10-day Hearing to commence on Monday, June 10, 2024 at 10 a.m. by video conference. Please advise the Case Coordinator if any unneeded Hearing days may be released from the calendar as soon as this is known. Hearing dates are a scarce resource which must be used effectively by the Tribunal.

8Parties 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/692665589

Access code: 692-665-589

9Parties 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

10Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 692-665-589.

11Individuals 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

12The Tribunal Orders that:

a. Curtis Petersen is granted Participant status,

b. The Procedural Order is approved as appended in Schedule 1,

c. A 10-day Merit Hearing is scheduled to commence on June 10, 2024, to June 21, 2024 at 10 a.m. by video conference.

13This Member is not seized of the matter.

14No further notice will be provided.

“Astrid J. Clos”

ASTRID J. CLOS

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 1

CASE NO.: OLT-23-000276

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

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

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 June 10, 2024 at 10:00 a.m.
The length of the hearing is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants are set out in Attachment 1. See Attachment 4 for the meaning of these terms.
The issues are set out in the Issues List attached as Attachment 2. With the exception of removal or narrowing of the issues, there will be no changes to this list unless the Tribunal permits and/or the parties consent to the changes. A party who asks for changes to this list may have costs awarded against it.
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.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains 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

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, the expert witness(es)' curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least on or before February 16, 2024. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed 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 of Practice and Procedure and notice of same must be served on the parties on or before March 1, 2024.
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 March 1, 2024. 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.
Expert witnesses in the same field shall have at least one meeting before the hearing to try to resolve or reduce 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 22, 2024, if agreement is reached.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend 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 parties at the same time as the delivery of witness statements, as in paragraph 13.
A witness (including any expert witness) or participant must provide to the Tribunal and the parties a witness statement (full disclosure including reports) or participant statement, respectively, on or before April 5, 2024 or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13.
On or before April 26, 2024, the parties may provide to all other parties a written response to any written evidence.
On or before May 6, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 21, 2024, 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, and 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. 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.
On or before May 21, 2024, 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 May 21, 2024, and which, if requested by the Tribunal, 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 23.
All filing of documents and materials shall be electronic to the Tribunal, the parties and participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable should it request same. 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, or as may be amended. Paragraph 23 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 or as permitted in paragraph 10. 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 4.

This Member is not seized.

So orders the Tribunal.

SUMMARY OF DATES

DATE	EVENT
March 1, 2024	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
February 16, 2024	Exchange of witness lists (names, disciplines and order to be called)
March 1, 2024	Last date to challenge identification of expert witness
March 22, 2024	Experts meeting prior to this date
March 22, 2024	Agreed Statement of Facts
April 5, 2024	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
April 26, 2024	Exchange of Reply Witness Statements (if any)
May 6, 2024	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
May 21, 2024	Exchange of visual evidence (if any)
May 21, 2024	Final Work Plan filed with the Tribunal
May 21, 2024	Finalize Joint Document Book
June 10, 2024	Hearing commences

ATTACHMENT 1 PARTIES/PARTICIPANTS

Parties

21 Broadview Avenue Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca
City of Toronto Nathan Muscat/Adam Ward (416) 397-5475/(416) 394-2787 nathan.muscat@toronto.ca/adam.ward@toronto.ca
Riverside Community Group Jonathan Minnes (519) 569-4561 jonathan.minnes@gowlingwlg.com

Participants

Petersen, Curtis (310) 309-0181 curtisppi@hotmail.com

ATTACHMENT 2 ISSUES LIST

City of Toronto

Planning Act

Does the proposed development have regard to matters of provincial interest including having regard to Section 2 of the Planning Act, in particular subsections (j), and (r)?
Does the proposed development have appropriate regard for the decision of City Council, and any information and material received by City Council as required by Section 2.1 of the Planning Act?

Provincial Policy Statement, 2020

Is the proposed development consistent with the policies of the Provincial Policy Statement, 2020 including, but not limited to:

a. Building Strong Communities (1.0), in particular 1.1.1(b);

b. Housing (1.4), in particular 1.4.3 (a);

c. Public Spaces (1.5), in particular 1.5.1(a);

d. Long-Term Economic Prosperity, in particular 1.7.1(e);

e. Implementation and Interpretation (4.0), in particular, 4.2 and 4.6

reading the Provincial Policy Statement, 2020 in its entirety, and applying the relevant policies to this proposed development?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”)

Does the proposed development conform with and not conflict with, the policies of the Growth Plan including, but not limited to:
1. Guiding Principles (1.2.1);
2. Managing Growth (2.2.1), in particular, 2.2.1.4(c) and (e); and
3. Housing (2.2.6), in particular, 2.2.6.1(a) and (i) and 2.2.6 (3);

reading the Growth Plan in its entirety and applying the relevant policies to this proposed development?

City of Toronto Official Plan

Does the proposed development conform to the policies of the City of Toronto Official Plan including, but not limited to:

a. Structuring Growth in the City: Integrating Land Use and Transportation (2.2), in particular, 2.2.5(b), and

b. Employment Areas: Supporting Business and Employment Growth (2.2.4), in particular, 2.2.4.5 to 2.2.4.8

c. Healthy Neighbourhoods (2.3.1), in particular, 2.3.1.3 (a), (b) and (c)

d. The Public Realm (3.1.1), in particular, 3.1.1.2 (c), (e), (g) and (h), 3.1.1.6 (a) and (b), 3.1.1.12, 3.1.1.13 (a) and (c), 3.1.1.15 (b) and (c) and (f);

e. Built Form (3.1.3), in particular, 3.1.3.3, 3.1.3.5, 3.1.3.6 and 3.1.3.9;

f. Built Form – Building Types (3.1.4), in particular, 3.1.4.4;

g. Housing (3.2.1), in particular, 3.2.1.1 and 3.2.1.6; and

h. Mixed Use Areas (4.5), in particular, 4.5.2(c), (d), (e), (f), and (h)

Guidelines

Does the proposed development have appropriate regard to the City of Toronto Midrise Performance Standards (2010), Addendum (2016), and Draft Update to rear transition performance standards (2023)?
Does the proposed development have appropriate regard for the applicable Planning for Children in New Vertical Communities: Growing Up Urban Design Guidelines (2020)?
Does the proposed development have appropriate regard for the applicable Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings (2019)?

Site Specific Issues

Does the proposed development provide appropriate:
1. site organization, including pedestrian and vehicular access on the development site;
2. access and address, safety and visibility for the rear townhouse block;
3. adequate landscaping and streetscaping, and appropriate public realm on the development site and along the public realm;
4. building setbacks including setbacks to address the Broadview Avenue Extension Environmental Assessment (“Broadview EA”);
5. conveyances including road widenings to address the Broadview EA
6. upper-storey stepbacks, height and building massing;
7. transition to lower scale development in lands designated Neighbourhoods;
8. wind conditions that are comfortable and safe; and
9. consideration for the public realm and contributions to public space?
Does the proposed development fit appropriately with the existing and planned context regarding streetwall height, building height, density, mass, stepbacks, setbacks and the public realm?
Does the proposed development ensure adequate access to or, as the case may be, limit and minimize the impact on, considerations such as overlook and privacy, wind effects, shadow and loss of skyview and sunlight?
Does the proposed development establish an appropriate built form relationship to the adjacent and abutting properties regarding the proposed setbacks, stepbacks, base building heights, overall building height and separation distances?
Does the proposed development provide sufficient soil volumes to support the Toronto Green Standard?
Does the proposed development comply with the City's private and public (street) tree planting requirements?
Does the proposed development fit with the existing and planned context and does it represent good planning and good urban design?

Public Interest and Good Planning

Do the proposed Official Plan Amendment and Zoning By-law Amendment represent good planning and are in the public interest?

Implementation and Conditions

If the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that:
1. the final form and content of the draft Official Plan Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
2. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
3. the required plans and studies, including a peer review of the Compatibility and Mitigation Study, Noise Study and Vibration Study, have been revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, the Director, Urban Forestry, Tree Protection and Plan Review, and the General Manager, Parks, Forestry and Recreation with revisions, as may be necessary, implemented as part of the amending Zoning By-law(s), to the satisfaction of the Chief Planner and Executive Director, City Planning;
4. City Council has approved Rental Housing Demolition Application 21 210154 STE 14 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units on the lands and the Owner has entered into, and registered on title an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure all rental-housing related matters necessary to implement City Council’s decision, including replacement rental housing and an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable; and
5. a Construction Management Plan is submitted to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any shoring or excavation work, which includes the requirement for the developer to undertake the following items in addition to the standard City Construction Management Plan:
  
  i. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes/action items from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;
  1. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;
  2. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;
  3. ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;
  4. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;
  5. 6i. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;
  6. post a 24 hours a day/7 days a week contact number for the site superintendent on the construction hoarding;
  7. create a publicly accessible website with regular construction updates and post the website address on the subject site; and
  8. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost; design is to be reviewed and approved by the Ward Councillor.

Riverside Community Group

Riverside Community Group will respond to City of Toronto Issues 1-5; 10; 15; and 16.
Does the proposed development located at 21, 35 to 53 Broadview Avenue, 344 Eastern Avenue and 18 to 34, and 40 Lewis Street appropriately address the following planning issues:

i. Height and massing;

ii. Transition to abutting residential development on lands designated ‘Neighbourhoods’;

iii. Shadows on adjacent houses on Lewis Street;

iv. Impacts on privacy, such as overlook from balconies;

v. Shadows on the proposed townhouses;

vi. Screening at ground level (planting, appropriate fencing, wall) between the proposed development and adjacent houses;

vii. Loss of many mature trees;

viii. Location of the proposed service area and effects on Lewis Street properties;

ix. Proposed access/egress for parking, loading and servicing from Broadview Avenue only, instead of Eastern Avenue also;

x. Maintenance of historic access from the roadway to adjacent property (42 Lewis); and,

xi. Provision of appropriate green space.

ATTACHMENT 3 ORDER OF EVIDENCE

21 Broadview Avenue Inc.
City of Toronto
Riverside Community Group
21 Broadview Avenue Inc., in reply (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.

21 Broadview Avenue Inc. v. Toronto (City), 2023 CanLII 115121

Case Summary

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON OCTOBER 30, 2023 AND ORDER OF THE TRIBUNAL

PARTICIPANT STATUS REQUEST

PROCEDURAL ORDER

MEDIATION

MERIT HEARING

ORDER

SCHEDULE 1

PROCEDURAL ORDER

SUMMARY OF DATES

ATTACHMENT 1 PARTIES/PARTICIPANTS

ATTACHMENT 2 ISSUES LIST

ATTACHMENT 3 ORDER OF EVIDENCE

Attachment 4 Meaning of terms used in the Procedural Order: