Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 27, 2023

CASE NO(S).: OLT-22-004352

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman, and 306 Adelaide Street West Ltd.

Applicant: RioCan (Festival Hall) Trust

Subject: Zoning By-law

Description: To permit a mixed-use development at 126, 132 and 142 John Street, 259, 261, 263 and 267 Richmond Street West and 41-59 Widmer Street consisting of two towers of 37 and 42 storeys towers

Reference Number: 19 144266 STE 10 OZ

Property Address: 126, 132 and 142 John Street, 259, 261, 263 and 267 Richmond Street West and 41 to 59 Widmer Street

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-004352

OLT Lead Case No: OLT-22-004352

OLT Case Name: 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman, et al v. Toronto (City)

Heard: January 20, 2023, and continued on February 9, 2023, by video hearing

APPEARANCES:

Parties	Counsel*/Representative
RioCan (Festival Hall) Trust	Calvin Lantz Donya Yarahmadi
City of Toronto	Mark Piel Daniel Elmadany
2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman and 306 Adelaide Street West Ltd.	Meaghan McDermid Andy Margaritis

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON FEBRUARY 9, 2023 AND ORDER OF THE TRIBUNAL

Introduction

1This was the first Case Management Conference (“CMC”) which was started on January 20, 2023, and continued on February 9, 2023. The appeal was made by 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman (collectively, the “Appellant”) against the approval by the City of Toronto (the “City”) of a Zoning By-law Amendment sought by RioCan (Festival Hall) Trust (the “Applicant”). The appeal is made pursuant to s. 34(19) of the Planning Act.

2The Applicant has multiple properties as part of the proposal. These are known as 126-142 John Street, 259-267 Richmond Street West and 41-59 Widmer Street in the City.

3The Affidavit of Service (the “Affidavit”) for Notice of this CMC was reviewed and determined to have been duly served. Thus, the Affidavit sworn by Justin Niddrie on November 8, 2022 was marked as Exhibit 1 for the record.

4There were no requests received for the granting of party or participant status.

Updates: January 20, 2023

5The Tribunal advised the parties about Tribunal-led mediation and this was noted. There was no determination if the parties will engage in it immediately. The parties continue to have private dialog.

6The initial Issues List (the “IL”) for the matter was reviewed. It appeared to have been well detailed. However, the City informed that they would need City Council instruction in order to agree and finalize an IL. The parties requested and the Tribunal granted the request to continue the CMC for the purposes of finalizing an IL as well as have the parties work towards a finalized draft Procedural Order (“PO”).

7The Applicant requested that, with the available draft IL, the setting of a hearing on merits be reviewed. The other parties provided their inputs regarding possible calling of evidence. The parties agreed that, with about two witnesses to be called by each party, a five day hearing will be appropriate.

8The Tribunal Ordered that a hearing on merits is set for a duration of 5 days and that the video hearing will commence on Monday, July 17, 2021, at 10 a.m.

Updates: February 9, 2023

9At this time the parties reported that they have narrowed the IL except for issues 7 and 12 on the IL.

10Issue 7 related to the question of easements and improvements for accesses. It was determined through consensus of the parties that this issue belongs and could be addressed at later stages of the project if it proceeds. Thus issue 7 was struck from the revised IL. Issue 12 relating to daycare and built form matters with reference to other policies as well as to the appropriate planning policies, plans and guidelines which were finalized.

11At the end of the CMC, the parties undertook to provide the Tribunal with a final draft PO. This has since been received.

12THE TRIBUNAL ORDERS that the approved Procedural Order to govern the hearing on merits is attached in this Decision as Schedule 1.

Hearing Technical Details

13The hearing for a duration of five (5) days is scheduled to commence on Monday, July 17, 2023, by video hearing at 10:00 a.m.

14Parties 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/914098901

Access Code: 914-098-901

15Persons 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 914-098-901.

16Parties 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

17Individuals 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.

18No further notice will be given.

19This Member is not seized but may be reached for case management purposes prior to the hearing.

“Jatinder Bhullar”

JATINDER BHULLAR

MEMBER

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

Procedural Order OLT-22-004352

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca

CASE NO. OLT-22-004352

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman and 306 Adelaide Street West Ltd. Applicant: RioCan (Festival Hall) Trust Subject: Zoning By-law - To permit a mixed-use development at 126, 132 and 142 John Street, 259, 261 263 and 267 Richmond Street West and 41-59 Widmer Street consisting of two towers of 37 and 42 storeys Reference Number: 19 144266 STE 10 OZ Property Address: 126-142 John Street, 259-267 Richmond Street West and 41-59 Widmer Street Municipality: Toronto OLT Case No: OLT-22-004352 OLT Lead Case No: OLT-22-004352 OLT Case Name: 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman, and 306 Adelaide Street West Ltd. 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 hearing will begin on July 17, 2023 at 10:00 a.m., as directed by the Tribunal.

3. 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.

4. The procedural order deadlines are generally found in Attachment 1.

5. Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

6. 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.

7. 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 the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

8. 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.

9. 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

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the 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 at least fifteen days (15) days prior to date for Expert Witness Statements as stated in Section 15 (on or before April 28, 2023), if this meeting takes place and if agreement is reached.

11. 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, curriculum vitae and the order in which they will be called. This list must be delivered at least one hundred and nineteen (119) calendar days before the hearing (on or before March 20, 2023). 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 and notice of same must be served on the other Parties (on or before April 11, 2023) (97 days before the hearing is scheduled to commence).

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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 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 Rule 7 of 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 as the delivery of expert witness statements, as in Section 15.

13. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before May 12, 2023 (sixty-six (66) calendar days prior to the scheduled commencement of the hearing) or the witness or participant may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.

14. 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 Section 15.

15. On or before May 12, 2023 (sixty-six (66) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties.

16. On or before June 2, 2023 (forty-five (45) calendar days prior to the scheduled commencement of the hearing) the Parties may provide to all other Parties a written response to any written evidence.

17. On or before June 7, 2023 (forty (40) calendar days prior to the scheduled commencement of the hearing), the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

18. On or before June 23, 2023 (thirty-one (31) calendar days prior to the scheduled commencement of the hearing), 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, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least fifteen (15) days before the Tribunal hears the motion.

20. 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 seven (7) days before the hearing that the written evidence is not part of their record.

21. On or before June 23, 2023 (twenty-four (24) days before the commencement of the hearing), 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.

22. The Parties shall prepare a Joint Document Book on or before June 27, 2023 (20 days before the hearing is scheduled to commence), and, if requested, 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 Section 25.

23. If revisions to By-law 949-2022 are proposed for the hearing, the Party proposing such revision(s) to said By-law shall provide copies of those revision(s), including all revised plans, drawings, revised instrument, updated supporting documents and reports to support such revision(s), to the other Parties on or before March 13, 2023 (sixty (60) days before Expert Witness Statements as stated in Section 15). The Parties acknowledges that any revisions to By-law 949-2022 after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

24. As City Council passed City of Toronto Zoning By-law 949-2022 for the lands subject of this Procedural Order, said By-law having been appealed to the Tribunal, if any Party proposes changes to said By-law, the City shall be given an opportunity to seek instructions from City Council prior to the commencement of the hearing and this Procedural Order shall not prevent the City from taking a position with respect to such changes to the By-law as may be directed by City Council.

25. 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. 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, dated July 2, 2020, or as may be amended. Section 25 applies regardless if the hearing event is in-person or electronic.

26. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Sections 23 and 24. The Tribunal’s Rule 17 applies to such requests.

27. 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.

28. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
March 13, 2023 (60 days before Witness Statement Date)	Last date to provide copies of proposed amendments to By-law 949-2022, including all revised plans and drawings (if any)
March 20, 2023 (119 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
April 11, 2023 (97 days prior to hearing)	Last date to challenge identification of expert witness
April 18, 2023 (90 days prior to hearing)	Experts meeting prior to this date
April 28, 2023 (80 days prior to hearing)	Agreed Statement of Facts
May 12, 2023 (66 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
June 2, 2023 (45 days prior to hearing)	Exchange of Reply Witness Statements (if any)
June 7, 2023 (40 days prior to hearing)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
June 16, 2023 (31 days prior to hearing)	Final Work Plan filed with the Tribunal
June 23, 2023 (24 days prior to hearing)	Exchange of visual evidence (if any)
June 27, 2023 (20 days prior to hearing)	Finalize Joint Document Book
July 17, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

1) RioCan (Festival Hall) Trust Counsel/*Agent: Calvin Lantz Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: clantz@stikeman.com Tel.: 416-869-5669

Donya Yarahmadi Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: dyarahmadi@stikeman.com Tel.: 416-869-6822

2) City of Toronto Counsel/*Agent: Mark Piel City of Toronto, Planning Law Metro Hall, 26th Floor 55 John Street Station 1260 Toronto, ON M5V 3C6 E-mail: mark.piel@toronto.ca Tel : 416-392-2124

Daniel Elmadany City of Toronto, Planning Law Metro Hall, 26th Floor 55 John Street Station 1260 Toronto, ON M5V 3C6 E-mail: daniel.elmadany@toronto.ca Tel : 416-397-5709

3) 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman and 306 Adelaide Street West Ltd. Counsel/*Agent: Meaghan McDermid Davies Howe LLP The 10th Floor 425 Adelaide Street West Toronto, Ontario M5V 3C1 E-mail: meaghanm@davieshowe.com Tel : 416-263-4514

Andy Margaritis Davies Howe LLP The 10th Floor 425 Adelaide Street West Toronto, Ontario M5V 3C1 E-mail: andym@davieshowe.com Tel : 416-263-4520

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 have 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.

Issues of 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman and 306 Adelaide Street West Ltd.

Vehicular Access, Traffic, Loading and Parking

1. Is the proposed singular vehicular access adequate to serve the residential and non-residential uses proposed on the subject lands?

2. Will the proposed access, traffic flow controls and on-street parking cause unacceptable negative impacts to the surrounding road network and create unsafe conditions for passenger pick-up and drop off, deliveries and day care access on and around the subject lands resulting in unacceptable conflicts between vehicles, pedestrians and cyclists?

3. Are the changes to the surrounding road network, in particular the widening of only a portion of Widmer St., which are required to implement the proposal appropriate and sufficient to accommodate the proposed development without unacceptable negative impacts on traffic operations and access to adjacent properties considering their existing and planned context?

4. Are the number, type and location of parking spaces provided by the ZBLA adequate to serve the proposed development, including the daycare and commercial uses?

5. Is the reduction in the required number of loading docks/spaces appropriate and adequate to service the proposed development?

6. With regards to the transportation related matters addressed in Issues 1 to 5, is/does the ZBA: a. Consistent with the Provincial Policy Statement, 2020 (“PPS”), including policies 1.1.1(c), (g), 1.1.3.2(b), 1.1.3.4, 1.5.1(a), 1.6.7.1, 1.6.7.2? b. Conform with the Places to Grow: Growth Plan for the Greater Horseshoe, (2020) (“Growth Plan”), including policies 2.2.1.4(a),(d), 3.2.1.1, 3.2.2.1, 3.2.2.2, 3.2.2.3? c. Conform with the City’s Official Plan, including policies 2.2.1, 2.2.2(a),(d),(f), 2.2.4(a),(b),(c), 2.2.5(d)(h), 2.2.1.11, 2.4.2, 2.4.7, 2.4.11, 2.4.15(a), (b),(c),(e), 2.4.22, 3.1.1.6, 3.1.1.11, 3.1.13, 3.1.14, 3.1.1.15(c),(e), 3.1.3.4, 3.1.3.10(f), 4.7.1(b),(d), 4.7.2(d),(h)? d. Conform with the Downtown Secondary Plan, including policies 3.8, 7.2, 8.3 to 8.5, 8.27, 8.29?

Daycare, Built Form and Impacts on Adjacent Lands

7. Is the proposed location of the daycare facility and the location of the required outdoor/rooftop play area appropriate?

8. Does the ZBA permit development on the subject lands which will unduly limit the re-development potential of the adjacent Appellants’ properties located at 302-308 Adelaide Street West?

9. Do the reduced building setbacks to the south property line and proposed built form provide an appropriate separation distance and suitable transition to the adjacent Appellants’ properties located at 302-308 Adelaide Street?

10. Do the reduced setbacks to Widmer Street, pedestrian clearway and proposed built form provide for a suitable and desirable public realm on Widmer Street?

11. With regards to the daycare and built form matters addressed in Issues 8-11, is/does the ZBA: a. Consistent with the PPS, including policies 1.1.1(a), 1.1.3.2(a), 1.1.3.4? b. Conform with the Growth Plan, including policies 1.2.1 and 2.2.1.4(e)? c. Conform with the City’s Official Plan, including policies 2.2.1.4(d),(e),(f), 3.1.1.2, 3.1.1.3, 3.1.1.15, 3.1.3.1, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.3.9, 3.1.3.10(a),(b), 3.1.3.11, 3.1.3.12, 3.1.3.13, 3.1.4.9 to 3.1.4.11, 4.7.1(d), 4.7.2(a)? d. Conform with the Downtown Secondary Plan, including policies 3.3, 6.19, 6.26, 9.1, 9.3, 9.8, 9.9, 9.14, 9.17, 9.22, 9.24.1, 9.25, 9.26? e. Conform with Official Plan SASP 517 policies B(ii), (vi)? f. Have regard for the City’s Tall Building Design Guidelines? g. Have appropriate regard for the updated King-Spadina Secondary Plan (OPA 486) which is currently under appeal, including policies 6.1, 6.2, 6.8?

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.

1. RioCan (Festival Hall) Trust
2. City of Toronto
3. 2625547 Ontario Inc., 2757460 Ontario Inc., Allen Zimmerman and 306 Adelaide Street West Ltd.

ATTACHMENT 5

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. 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 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 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 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.