1494096 Ontario Inc. v. City of Vaughan, 2023 CanLII 123243

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 19, 2023

CASE NO(S).: OLT-23-000324

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

Applicant and Appellant: 1494096 Ontario Inc.

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

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: OP.21.030

Property Address: 80 Glen Shields Avenue

Municipality/UT: Vaughan/York

OLT Case No.: OLT-23-000324

OLT Lead Case No.: OLT-23-000324

OLT Case Name: 1494096 Ontario Inc. v. City of Vaughan

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

Applicant and Appellant: 1494096 Ontario Inc.

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

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: Z.21.058

Property Address: 80 Glen Shields Avenue

Municipality/UT: Vaughan/York

OLT Case No.: OLT-23-000325

OLT Lead Case No.: OLT-23-000324

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1494096 Ontario Inc.

Subject: Site Plan

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: DA.21.072

Property Address: 80 Glen Shields Avenue

Municipality/UT: Vaughan/York

OLT Case No.: OLT-23-000326

OLT Lead Case No.: OLT-23-000324

Heard: October 25, 2023 by video hearing (“VH”)

APPEARANCES:

Parties	Counsel/Representative*
1494096 Ontario Inc.	Grace O’Brien
City of Vaughan	Candace Tashos
Glen Shields Ratepayers Association	Gino Muia*
Anaafi Okraku and Patricia Welch-Okraku	Self-Represented

MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS AND STEVEN COOKE ON OCTOBER 25, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) respecting an appeal by 1494096 Ontario Inc. (“Applicant”), pursuant to sections 22 (7), 34 (11) and 41 (12) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan (“SP”) for the property known municipally as 80 Glen Shields Avenue (“Subject Property”) in the City of Vaughan (“City”), for the failure of council to adopt or to make a decision within the legislated timeframe.

2The Applicant proposes the OPA, ZBA and SP to facilitate the redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprised of a 9-storey tower and a 7-storey tower.

3The Applicant and the City have held productive discussions since the first CMC, which resulted in a proposed settlement that provides a reduction in the height to a 6-storey tower and a 5-storey tower. The proposed settlement has been approved in principle by Council, subject to the revised application meeting the satisfaction of City staff.

Requests for Status

4Each of the following area residents who submitted their Participant status request and statement by the deadline of July 24, 2023, were granted Participant status on consent:

• Joseph Brunaccioni
• Debra Tomotsugu
• Anna Marie Petrisano
• Jean-Francois Obregon
• Kay Kim
• Ralph Anstey
• Xiaoping Jin
• Andrew Iori
• Tatjana Kovacevic
• Martin Dworkin
• Rosa Laboni
• Anita Laurella
• Tyson Chu
• Jim Kotsalis
• Alex Chinkarenko
• Mark Abaya
• Xiao Hua Tan
• Jun Sheng Zeng
• Catherine Lin
• Yin Ching Lai
• Wah Hon Wong
• Gurjyot Singh Narwal
• Sharon Tolentino
• Tim and Nissa Baksh
• James Romero
• Angie Pacheco
• Kateryna Cherkashyna
• Mohit Arora
• Linda Yearwood
• Zia Khan
• Olga Klimina
• Alexandru Lozovan
• Miad Moarref

5As requested in the Decision of the first CMC, the letters of incorporation for the Glen Shields Ratepayers Association have been received by the Tribunal.

PROCEDURAL ORDER AND ISSUES LIST

6The Tribunal received and reviewed a draft Procedural Order (“PO”) from the Applicant that was shared with all Parties. Since the City and Ms. Kaur both agree with the proposed settlement, they advised that they will not be calling witnesses and were in support of the draft PO. The Glen Shields Ratepayers Association stated that they will not be calling witnesses or submitting issues. Mr. Okraku indicated that he does intend to produce expert witnesses.

7As the only Party with outstanding issues, Mr. Okraku submitted an Issues List (“IL”) and the Applicant requested that the Tribunal strike Issues numbered 7, 8, 9, 13, 15, and 17, as they are not within the Tribunal’s jurisdiction for adjudication. The Tribunal agreed and directed Mr. Okraku to submit a revised IL excluding those issues, allowing No. 15 with a modification, and explained in detail that all issues must be formed as neutral questions that fall within the jurisdiction of the Tribunal to adjudicate.

8On consent, the Tribunal directed that the revised draft PO and IL be provided to the Tribunal no later than Friday, November 3, 2023. Counsel for the Applicant will coordinate and provide the draft PO and IL to the Tribunal by the appointed date.

HEARING

9Upon request of the Parties, the Tribunal set a 4-day hearing commencing on Monday, March 25, 2024, at 10 a.m. by video hearing. No further Notice is required for the hearing.

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.

https://global.gotomeeting.com/join/927921077

Access code: 927-921-077

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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

14The Tribunal Orders that:

1. The date and particulars of the hearing are set out above;
2. The Procedural Order appended as Attachment 1 shall govern the proceedings;
3. That Joseph Brunaccioni, Debra Tomotsugu, Anna Marie Petrisano, Jean-Francois Obregon, Kay Kim, Ralph Anstey, Xiaoping Jin, Andrew Iori, Tatjana Kovacevic, Martin Dworkin, Rosa Laboni, Anita Laurella, Tyson Chu, Jim Kotsalis, Alex Chinkarenko, Mark Abaya, Xiao Hua Tan, Jun Sheng Zeng, Catherine Lin, Yin Ching Lai, Wah Hon Wong, Gurjyot Singh Narwal, Sharon Tolentino, Tim and Nissa Baksh, James Romero, Angie Pacheco, Kateryna Cherkashyna, Mohit Arora, Linda Yearwood, Zia Khan, Olga Klimina, Alexandru Lozovan, Miad Moarref are granted Participant status;
4. The directions in this Decision are so ordered.

15The Panel Members are not seized.

16No further Notice is required.

“J. Innis”

J. Innis MEMBER

“Steven Cooke”

Steven Cooke VICE-CHAIR

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.

ATTACHMENT 1

ISSUE DATE: December 19, 2023 CASE NO(S).: OLT-23-000324

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

Applicant and Appellant: 1494096 Ontario Inc.

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

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: OP.21.030

Property Address: 80 Glen Shields Avenue

Municipality/Upper Tier: Vaughan/York

OLT Case No.: OLT-23-000324

OLT Lead Case No.: OLT-23-000324

OLT Case Name: 1494096 Ontario Inc. v. City of Vaughan

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

Applicant and Appellant: 1494096 Ontario Inc.

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

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: Z.21.058

Property Address: 80 Glen Shields Avenue

Municipality/Upper Tier: Vaughan/York

OLT Case No.: OLT-23-000325

OLT Lead Case No.: OLT-23-000324

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1494096 Ontario Inc.

Subject: Site Plan

Description: To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower

Reference Number: DA.21.072

Property Address: 80 Glen Shields Avenue

Municipality/Upper Tier: Vaughan/York

OLT Case No.: OLT-23-000326

OLT Lead Case No.: OLT-23-000324

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 March 25, 2024 at 10:00 a.m./p.m. at https://global.gotomeeting.com/join/927921077

Access code: 927-921-077.

3. The parties’ initial estimation for the length of the hearing is 4 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 the sample procedural order 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.

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. 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, January 15, 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.

10. Expert witnesses in the same field shall have a meeting on or before Friday, January 26, 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, February 1, 2024.

11. 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 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.

12. 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 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 13 below.

13. On or before Friday, February 9, 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.

14. On or before Friday, February 9, 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.

15. On or before Monday, February 19, 2024, parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.

16. On or before Monday, February 19, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday, March 8, 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 shared with the OLT case co-ordinator on or before Friday, March 15, 2024.

19. 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.

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 Monday, March 18, 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 filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

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.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Summary of Dates

Date	Event
Monday, January 15, 2024	Parties to exchange lists of witnesses (names, disciplines and intended order to be called)
Friday, January 26, 2024	Expert witnesses in the same field shall have a meeting
Thursday, February 1, 2024	Parties must prepare and file a Statement of Agreed Facts and Issues
Friday, February 9, 2024	Witness Statements and Participant Statements to be exchanged
Monday, February 19, 2024	Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged
Monday, February 19, 2024	Parties to advise Tribunal whether all the Hearing days are required
Friday, March 8, 2024	Visual Evidence to be exchanged
Friday, March 15, 2024	Joint Document Book to be filed
Monday, March 18, 2024	Draft Hearing Plan to be filed
Monday, March 25, 2024	Hearing commences

Attachment 1

List of Parties and Participants

Parties

1. 1494096 Ontario Inc. John Alati and Grace O’Brien Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Email: johna@davieshowe.com / graceo@davieshowe.com Tel: 416-977-7088

2. City of Vaughan Candas Tachos and Effie Lidakis Legal and Administrative Services and City Solicitor Vaughan City Hall 2141 Major Mackenzie Dr Vaughan, ON L6A 1T1 Email: candace.tachos@vaughan.ca effie.lidakis@vaughan.ca Tel: 905-832-8585, ext. 3618

3. Anaafi Okraku and Patricia Welch-Okraku Peter Gross Gowling WLG 1 First Canadian Place 100 King Street West, Suite 1600 Toronto, ON M5X 1G5 Email: peter.gross@gowlingwlg.ca Tel: 416-862-4459

4. Glen Shields Ratepayers Association Gino Muia President of the Glen Shields Ratepayers Association Email: muia.gino@gmail.com Tel: 416-836-2710

5. Sharan Kaur Email: sharankaur6@gmail.com Tel: 647-210-6299

Participants

1. Joseph Brunaccioni Email: jbrunaccioni@rogers.com Tel: 905-669-4034

2. Debra Tomotsugu Email: d_tomotsugu@sympatico.ca Tel: 416-522-9049

3. Anna Marie Petriasano Email: petrisanoanna@gmail.com Tel: 416-824-3042

4. Jean-Francois Obregon Email: jfobregon7@gmail.com Tel: 647-996-0520

5. Kay Kim Email: kyongjin63@yahoo.com Tel: 437-993-4417

6. Ralph Anstey Email: ralphanstey@gmail.com Tel: 647-391-5974

7. Xiaoping Jin Email: xiaopingjin@hotmail.ca Tel: 416-435-1593

8. Andrew Iori Email: andyiori02@gmail.com Tel: 416-820-0398

9. Tatjana Kovacevic Email: tatjanak@lycos.com Tel: 905-738-9752

10. Martin Dworkin Email: martin_dworkin@hotmail.com Tel: 905-669-4125

11. Rosa Laboni Email: roseiaboni@hotmail.com Tel: 416-568-2140

12. Anita Laurella Email: amdl53@gmail.com Tel: 416-320-3415

13. Tyson Chu Email: tysonmit1951@gmail.com

14. Jim Kotsalis Email: jim_kotsalis@hotmail.com Tel: 416-897-5992

15. Alex Chinkarenko Email: researchlabteam@gmail.com Tel: 647-951-2390

16. Mark Abaya Email: abayamark02@gmail.com Tel: 416-804-1230

17. Xiao Hua Tan Email: yvonnetan6166@gmail.com Tel: 647-299-9238

18. Jun Sheng Zeng Email: jlom888@gmail.com Tel: 647-299-1698

19. Catherine Lin Email: catherine.lin88@hotmail.com

20. Yin Ching Lai Email: lai_rachel@hotmail.com Tel: 647-403-3906

21. Wah Hon Wong Email: benwong215@gmail.com Tel: 647-227-3268

22. Gurjyot Singh Narwal Email: gurjyot147@gmail.com Tel: 647-571-7413

23. Sharon Tolentino Email: shawf1@yahoo.ca Tel: 647-448-4799

24. Tim and Nissa Baksh Email: tkbaksh@sympatico.ca Tel: 905-669-5049

25. James Romero Email: jromero@rogers.com Tel: 647-201-3793

26. Angie Pacheco Email: pachecoangelina@rogers.com Tel: 647-284-3793

27. Kateryna Cherkashyna Email: dozvil79@gmail.com Tel: 647-868-2662

28. Mohit Arora Email: marora0227@gmail.com Tel: 514-706-5558

29. Linda Yearwood Email: linday53@bell.net Tel: 905-669-5725

30. Zia Khan Email: peechoo@hotmail.com Tel: 647-831-3874

31. Olga Klimina Email: o.klimina@gmail.com Tel: 416-994-1916

32. Alexandru Lozovan Email: lozovanalex@gmail.com Tel: 416-880-0054

33. Miad Moarref Email: miad.moarref@gmail.com

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.

Issues List of Anaafi Okraku and Patricia Welch-Okraku

1. Do the proposed Zoning By-law Amendment (“ZBA”) and Official Plan Amendment (“OPA”) have regard to matters of provincial interest under section 2 of the Planning Act, specifically sections 2 (f), (h), (n), (o), (p) and (r)?

2. Are the proposed OPA and ZBA consistent with the Provincial Policy Statement 2020, specifically sections Part 1, Preamble, 1.1.3, 1.1.3.3, 1.1.3.4, 1.2.4 (b) (c) and (d), 1.4.3 (c), 1.6.8.3, 1.7.1 (e), 4.2 and 4.6?

3. Do the proposed OPA and ZBA conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (Office Consolidation August 2020) sections 1.2.1, 2.1, 2.2.1, 2.2.1.2 (c), 2.2.1.3 (a), 2.2.2 and 2.2.2.3?

4. Do the proposed OPA and ZBA conform with York Region Official Plan 2010 policies 3.1.3, 5.2.4, 5.2.8, 5.3, 5.4.1, 5.4.2, 5.4.4, 5.4.30 and 8.4.9?

5. Are the proposed OPA and ZBA appropriate, having regard to the intent and objectives of the City of Vaughan Official Plan 2010, specifically policies 1.5, 2.1.3.2 (c), (e), (h) and (k), 2.2.1, 2.2.1.1 (b) and (d), 2.2.1.2, 2.2.3, 2.2.3.1 to 2.2.3.4, 2.2.5, 2.2.5.11, 4.2.1, 9.1.2.1 (a) and (b), 9.1.2.2, 9.1.2.7, 9.2.1.1, 9.2.1.2, 9.2.1.4, 9.2.1.5, 9.2.1.6, 9.2.2.1, 9.2.2.2, 9.2.3.4, 10.1.2.1 to 10.1.2.3, Schedule 1 (Urban Structure) and Schedule 13 (Land Use)?

6. Would the proposed OPA and ZBA establish a consistent level of design excellence as required by the City-Wide Urban Design Guidelines (2018), specifically sections 3, 4.2.1, 4.3, 5.2.1, 5.3.1, 5.3.3, 5.3.4, 5.3.6, 5.3.7, 5.3.8, 5.3.14?

7. Is the proposed built form appropriate, specifically the proposed heights, densities, form, massing, streetwall heights, bulk, scale, siting, setbacks, transition and spacing considering the site, location, the policy context, and the existing character of the surrounding lands?

8. Does the proposed OPA and ZBA seek an appropriate height and density, massing and overall built form for the subject lands considering compatibility with existing “Low-Rise Residential” development within the surrounding community?

9. Would the proposal permitted by the OPA and ZBA provide for appropriate transition to the immediately adjacent low-rise neighbourhood?

10. Would the proposed development establish an appropriate relationship to the public realm and to the adjacent neighbourhoods?

11. Would the proposed OPA and ZBA result in adverse impacts on adjacent lands with respect to shadow and overlook?

12. Does the proposed development respect and reinforce the existing character of the area?

13. Do the proposed OPA and ZBA represent good planning? Would approval of them be in the public interest?

14. Does the proposed development provide for appropriate vehicular and pedestrian access to the site (including in relation to adjacent streets and neighboring properties)?

15. Is the existing or planned transportation system that serves the proposed development, consisting of local and regional roads, easements, private driveways, transit service, resident pick-up/drop off area, and pedestrian and cycling facilities, adequate to support the proposed development? If not, what improvements are required, and should the improvements be contemplated prior to considering approval of the proposed OPA and ZBA?

16. Does the Traffic Impact Study submitted by the applicant (the “TIS”) in respect of the proposed development appropriately address the transportation infrastructure needs of the proposed development?

17. Does the TIS meet the intent and purpose of York Region’s Transportation Mobility Plan Guidelines (November 2016)?

Attachment 3

Order of Evidence

1. 1494096 Ontario Inc.
2. Mr. Anaafi Okraku and Ms. Patricia Welch-Okraku
3. Reply of 1494096 Ontario Inc. (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.