Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 8, 2023

CASE NO.: OLT-23-000610

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

Applicant and Appellant: A1 Developments Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit two new buildings containing two mixed use towers of 45 and 33-storeys in height atop one shared 1-and-7-storey podium

Reference Number: 22 193284 NNY 18 OZ

Property Address: 5318-5334 Yonge Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-000610

OLT Lead Case No.: OLT-23-000610

OLT Case Name: A1 Developments Inc. v. Toronto (City)

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

Applicant and Appellant: A1 Developments Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit two new buildings containing two mixed use towers of 45 and 33-storeys in height atop one shared 1-and-7-storey podium

Reference Number: 22 193284 NNY 18 OZ

Property Address: 5318-5334 Yonge Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-000611

OLT Lead Case No.: OLT-23-000610

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: A1 Developments Inc.

Subject: Site Plan

Description: To permit two new buildings containing two mixed use towers of 45 and 33-storeys in height atop one shared 1-and-7-storey podium

Reference Number: 22 193283 NNY 18 SA

Property Address: 5318-5334 Yonge Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-000612

OLT Lead Case No.: OLT-23-000610

BEFORE:

CARMINE TUCCI

MEMBER

Friday, the 8th day of December, 2023

THE TRIBUNAL ORDERS that further to the Decision issued on November 7, 2023, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on September 16, 2024. The Tribunal has set aside 10 days for the hearing.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE A

OLT-23-000610

ONTARIO LAND TRIBUNAL Tribunal ontarien de l’aménagement du territoire

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

Applicant and Appellant: A1 Developments Inc.

Subject: Request to amend the Official Plan– Refusal or neglect to make a decision

Description: An Official Plan Amendment is required to permit the proposed density of the development- To facilitate the construction of 2 mixed use towers of 45 and 33- storeys in heigh atop one shared 1-and 7 storey podium

Reference Number: 22 193284 NNY 18 OZ & 22 193283 NNY 18 SA

Property Address: 5318-5334 Yonge Street and 11 Churchill Avenue, Toronto

Municipality/ UT: City of Toronto

OLT Case No.: OLT-23-000610

OLT Lead Case No.: OLT-23-000610

OLT Case Name: A1 Developments Inc. v Toronto (City)

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

Applicant and Appellant: A1 Developments Inc.

Subject: Request to amend the Zoning By- law- Refusal or neglect to make a decision

Description: A Zoning By-law is required to permit the proposed construction of 2 mixed use towers of 45 and 33- storeys in height atop one shared 1-and 7 storey podium

Reference Number: 22 193284 NNY 18 OZ & 22 193283 NNY 18 SA

Property Address: 5318-5334 Yonge Street and 11 Churchill Avenue, Toronto

Municipality/ UT: City of Toronto

OLT Case No.: OLT-23-000610

OLT Lead Case No.: OLT-23-000610

OLT Case Name: A1 Developments Inc. v Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c.11, as amended

Applicant and Appellant: A1 Developments Inc.

Subject: Request for a Site Plan Approval- Refusal or neglect to make a decision

Description: A Site Plan Approval is required to facilitate the construction of 2 mixed use towers of 45 and 33- storeys in height atop one shared 1-and 7 storey podium

Reference Number: 22 193284 NNY 18 OZ & 22 193283 NNY 18 SA

Property Address: 5318-5334 Yonge Street and 11 Churchill Avenue, Toronto

Municipality/ UT: City of Toronto

OLT Case No.: OLT-23-000610

OLT Lead Case No.: OLT-23-000610

OLT Case Name: A1 Developments Inc. v Toronto (City)

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 September 16, 2024 at 10am via videoconference.

3. The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 2 for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. Except for scoping or removing issues, there will be no changes to this list unless the Tribunal permits. A party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, the parties are permitted to add, remove or amend issues to the Issues List arising from any revised proposal provided by the applicant pursuant to paragraph 10, on or before May 3, 2024.

6. The order of evidence shall be as listed in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence-in-chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any such person who will be retaining a representative (legal counsel or agent) 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. 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 Friday, May 17, 2024 and in accordance with paragraph 22 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 party who intends to challenge a witnesses qualifications shall advise the other parties of same by Monday, June 3, 2024.

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties by Friday, April 19, 2024, in accordance with paragraph 22 below. 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.

11. Expert witnesses in the same field shall have a meeting on or before Friday, June 21, 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 Friday, July 5, 2024. Any discussions held at a meeting of expert witnesses shall be considered confidential and without prejudice, and shall not be shared at the hearing, with the exception of the Statement of Agreed Facts and the remaining issues to be addressed at the hearing resulting from any such meeting.

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 in accordance with paragraph 14 below. The Expert Witness Statement shall also include: an acknowledgement of expert’s duty form and the area(s) of expertise. 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 in accordance with paragraph 14 below.

14. On or before Friday, July 19, 2024, the parties shall provide copies of their Witness and/or Expert Witness Statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

15. On or before Friday, July 19, 2024, a participant shall provide copies of their written participant statement to the other parties 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.

16. On or before Friday, August 9, 2024 parties shall provide copies of their Reply Witness Statements, if any, to all other parties and the OLT case co-ordinator in accordance with paragraph 22 below.

17. On or before Friday, August 30, 2024 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. The parties shall cooperate to prepare a Joint Document Book, which shall be uploaded to the OLT’s file share server, pursuant to the directions provided by the OLT case co-ordinator, on or before Friday, September 6, 2024.

19. A person wishing to change written evidence, including witness statements, after Witness Statements and Reply Witness Statements have been filed 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, September 6, 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.

22. 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 in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.

23. 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.

24. A summary of the various filing dates is contained in Attachment 5.

This Member is not seized.

So orders the Tribunal.

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES & PARTICIPANTS

Parties

1. A1 Developments Inc.

Jason Park and Sarah R. Kagan Kagan Shastri DeMelo Winer Park LLP 250 Yonge Street, Suite 2302 P.O. Box 65 Toronto, Ontario M5B 2L7 Tel: 416.368.2100 Email: jpark@ksllp.ca / skagan@ksllp.ca

2. City of Toronto

Jessica Braun and Uttra Gautam Legal Services 55 John Street, 26th Floor, Metro Hall Toronto, Ontario, M5V 3C6 Tel: 416.392.7237 / 416.396.7986 Email: jessica.braun@toronto.ca / uttra.gautam@toronto.ca

3. 5336 IND Properties Inc.

Mandy K. Ng Loopstra Nixon LLP 135 Queens Plate Drive, Suite 600 Toronto, Ontario M9W 6V7 Tel : 416.748.4136 Email : mng@LN.law

PARTICIPANTS

1. Yonge Corridor Condominium Association (YCCA)

Sally Gustin 1214-30 Greenfield Ave. Toronto, Ontario M2N 6N3 Tel: 647.554.74.21 Email: gustin.deboer@gmail.com

ATTACHMENT 2

Meaning of Terms used in the Procedural Order

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 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 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 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 for the opinions and (5) a list of reports 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 agree 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.

ATTACHMENT 3

ISSUES LIST¹

CITY OF TORONTO LIST OF ISSUES

1. Height & Density

   1. Do the height and density of the proposed development constitute good planning? Is the proposed height and density appropriate for the site? In particular:

   i. Does the proposal conform with the Toronto Official Plan, polices 3.1.3, 3.1.4, and 4.5.2? ii. Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 1.10, 1.13, 1.14, 3.2, 3.3, 5.1, 5.3, 5.4, and 5.6? iii. Does the proposal have appropriate regard for the Tall Building Guidelines, particularly Guidelines 1.3, 1.4, 3.1.1?

2. Built form:

   1. Does the proposed development provide appropriate built form appropriate in terms of massing? In particular:

   i. Does the proposal conform with the Toronto Official Plan, particularly polices 3.1.1, 3.1.3, 3.1.4 and 4.5.2? ii. Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 1.13, 1.14, 1.17, 5.1, 5.3, 5.4 and 5.6? iii. Does the proposal have appropriate regard for the Tall Building Guidelines particularly Guidelines 1.4, 3.1.1, 3.2.2 and 3.2.3 and 4.3?

3. Transportation

   1. Does the proposed development provide sufficient parking for the development? In particular:

   i. Does the proposal conform with the North York Centre Secondary Plan, particularly Policies 4.3, 4.6 and Appendix 1.

4. Parks

   1. Has a parkland dedication of an appropriate size been proposed under Section 42 of the Planning Act?
   2. Does the proposed size, location, and configuration of parkland dedication conform to Policy 3.2.3 of the City of Toronto Official Plan, Chapter 415 Article III of the Toronto Municipal Code, and the City of Toronto Parkland Strategy?

5. Engineering Matters

   1. Is there sufficient infrastructure capacity to accommodate the proposed development (including water, sanitary and stormwater)?

6. Order if approved

   1. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied:

   i. The official plan and zoning by-law amendment has been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; ii. The owner has addressed all outstanding issues raised by Engineering and Construction Services memorandum dated July 6, 2023 as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and construction Services; iii. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; iv. the owner has satisfactorily addressed the Transportation Matters in the Engineering and Construction Services Memorandum dated July 6, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the General Manager, Transportation Services; v. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated July 7, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; and vi. City Council has approved the Rental Housing Demolition application (Application 22 193302 NNY 18 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 units on the site, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the following:

   1. the replacement of the existing residential rental units on the lands;
   2. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units;
   3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and
   4. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code;

5336 IND Properties Inc. LIST OF ISSUES

1. Built Form and Relationship with the 5336 Yonge Street property a. Is it good planning to consider development of a City block comprehensively? b. Does the design of the proposed development appropriately consider and respect the potential future redevelopment of the adjacent 5336 Yonge Street lands in accordance with the City’s Official Plan, North York Secondary Plan policies and City’s Design Guidelines? In particular: i. Does the proposal conform with the Toronto Official Plan, particularly policies 3.1.1.15, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.3.9, 3.1.4, and 4.5.2.c? ii. Does the proposal conform with the North York Secondary Plan, particularly policies 1.10, 1.13, 1.14, 5.1.e, and 10.2? iii. Does the proposal have appropriate regard for the Mid-Rise Building Performance Standards, particularly Performance Standard #8D, and the Tall Building Guidelines, particularly Guidelines 1.3, 1.4, and 3.1.1? c. Does the approval of the proposed development unduly compromise the redevelopment opportunities for 5336 Yonge Street when also considering potential road widening requirements on 5336 Yonge Street? In particular: i. Toronto Official Plan policies 5.1.3 and Schedule 1. ii. North York Secondary Plan policies 8.1, 8.8, 10.4, Appendix 4, and Maps 8-9a and 8-11. d. Should the proposed development provide reasonable and appropriate setbacks and separation from the property line of the adjacent 5336 Yonge Street lands so as to not unduly limit its potential for redevelopment? e. Alternatively, if the proposed development has a setback of less than 5.5 m from the property line of the adjacent 5336 Yonge Street lands, then should the proposed development provide a blank wall along such property line so as to not unduly limit the potential redevelopment of 5336 Yonge Street?

2. Services and Infrastructure a. Does the proposed development inappropriately remove public municipal sanitary servicing to 5336 Yonge Street? In particular: i. Do the proposed changes in sanitary servicing to 5336 Yonge Street conform with the Toronto Official Plan, particularly policies 2.2.9 and 5.3.3.2? ii. Do the proposed changes in sanitary servicing to 5336 Yonge Street conform with the North York Centre Secondary Plan, particularly policy 8.17? iii. Are the proposed changes in sanitary servicing to 5336 Yonge Street good planning and in the public interest, and in particular forcing 5336 IND Properties Inc. to rely on private servicing when it currently relies on services provided directly by the municipality? b. Should the proposed development be permitted only if it continues to provide 5336 Yonge Street with municipal sanitary servicing through municipal infrastructure, and if so: i. Where should the new municipal sanitary sewer be located? ii. What mechanisms will be implemented to ensure continued and ongoing sanitary and stormwater servicing and maintenance of its related infrastructure to 5336 Yonge Street, in particular: a) During construction of the proposed development; and b) Post-construction. c. If the proposed development creates a new private sanitary and stormwater sewer to service 5336 Yonge Street, i. What mechanisms will be implemented to provide and secure continued and ongoing sanitary and stormwater servicing to 5336 Yonge Street, in particular: a) To ensure continued and ongoing servicing during construction of the proposed development; b) To ensure continued and ongoing servicing post-construction; and c) To ensure the adequacy and sufficiency of the servicing infrastructure for 5336 Yonge Street. ii. What size should the servicing easement(s) be to meet City of Toronto standards and allow for proper maintenance? iii. Should the owner be required to provide security, and if so, what security should be in place to ensure that the owner and/ or its successor shall undertake short- term and long- term repair and maintenance of the new private sewer, acknowledging that 5336 Yonge Street currently does not bear any such burden? iv. Should the owner be responsible for any retrofits and/or improvements to existing sanitary sewer servicing 5336 Yonge Street and, if so, how should this work be secured? v. Does the connection to the new private sewer servicing 5336 Yonge Street at Manhole 2A as shown on the Site Servicing & Grading Plan SGR-1, prepared by Masonsong Associates, dated March 31, 2023 comply with Toronto Municipal Code Chapter 681? a) If not, how should the sewer and/its connection be re-designed? d. What mechanisms will be implemented to ensure that stormwater from 5336 Yonge Street will be permitted to drain to the proposed development’s stormwater management system during construction and post-construction?

ATTACHMENT 4

ORDER OF EVIDENCE

1. A1 Developments Inc.
2. City of Toronto
3. 5336 IND Properties Inc.
4. A1 Developments Inc. in reply

ATTACHMENT 5

SUMMARY OF FILING DEADLINES

EVENT	DATE
First Case Management Conference	October 19, 2023
Parties to exchange their List of Witnesses	Friday, May 17, 2024
Deadline to submit revised proposal after which the City or 5336 IND Properties Inc. may request to adjourn the hearing on the merits	Friday, April 19, 2024
Final Issues List (arising from any revised proposal)	Friday, May 3, 2024
Deadline to challenge expert witness qualifications	Monday, June 3, 2024
Expert Witness Meeting(s) deadline	Friday, June 21, 2024
Agreed Statement of Facts and Issues filed	Friday, July 5, 2024
Parties to exchange their Witness and Expert Witness Statements & Participants to provide their Participant Statements	Friday, July 19, 2024
Parties to exchange their Reply Witness Statements	Friday, August 9, 2024
Parties to exchange their Visual Evidence	Friday, August 30, 2024
Preliminary Hearing Plan filed	Friday, September 6, 2024
Joint Document Book filed	Friday, September 6, 2024
Last Day for Party to Notify Other Parties if Submitted Written Evidence Not Forming Part of Record	Monday, September 9, 2024
OLT Hearing Commences	September 16, 2024

Note 2: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

Footnotes

1. 1Note 1: Where two or more parties raise the same technical issue, they may co-ordinate and rely upon an independent expert upon agreement of the parties. Where, however, a single party alone raises a technical issue then that party must call technical evidence in support of that issue from a qualified independent expert.