Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 19, 2023
CASE NO(S).:
OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
6200 Yonge GP Inc.
Subject:
Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 and 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252332 NNY 18 OZ
OLT Case No.:
OLT-22-004202
OLT Lead Case No.:
OLT-22-004202
OLT Case Name:
6200 Yonge GP 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:
6200 Yonge GP Inc.
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 and 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252332 NNY 18 OZ
OLT Case No.:
OLT-22-004203
OLT Lead Case No.:
OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant:
6200 Yonge GP Inc.
Subject:
Site Plan
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252331 NNY 18 SA
OLT Case No.:
OLT-22-004204
OLT Lead Case No.:
OLT-22-004202
Heard:
November 9, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative
6200 Yonge GP INC.
Jason Park / Adrian Frank
City of Toronto
Ray Kallio
Grand Genesis Medical Inc.
William Friedman / Shabnam Riazi
Tina Zografos
Evan Barz / Chris Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 9, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Toronto to make a decision regarding an application to amend the Official Plan and a City of Toronto By-law.
2The applications would permit a 25-storey mixed-use residential building with a daycare space at grade. East of an existing low-density residential neighbourhood and part of the Yonge Street North Planning Study. This study will amend the North York Centre Secondary Plan which was considered by council on July 19, 2022. 6200 Yonge GP Inc. (the "Appellant"), owns the properties municipally known as 6184-6200 Yonge Street and 11 and 15 Moore Park Avenue (the “Site”) The site is approximately 0.86 acres, consisting of three parcels, currently occupied by a one-storey commercial unit and two single detached homes. The surrounding area is comprised of a variety of land uses including mid and high-rise apartment buildings, single family homes, retail plazas, Centerpoint Mall and public facilities such as a school and parks.
3The purpose of the Case Management Conference (the “CMC”) was to receive status updates from all parties to organize the hearing of these appeals.
4The Affidavit of Service of Notice of CMC, sworn by Christopher j. Drew on October 13, 2022, is marked as Exhibit 1.
5The Tribunal was presented with two requests for Party Status and five requests for Participant Status.
Party Status Requests
6Grand Genesis Medical Inc. (the “Grand Genesis“) owns the properties municipally known as 6174 Yonge Street, 6166 Yonge Street, and 10 Pleasant Avenue, that neighbour the development site in question owned by the Appellant. Grand Genesis intends to use the Lands for future development and would like to attend this proceeding to ensure that the development plans of the Appellant do not interfere with or restrict Grand Genesis's future plans for development.
7Tina Zografos’ property is located mid-block between Pleasant Avenue and Moore Park Avenue, and is located immediately south of the Site. Ms. Zografos’ property is currently occupied by a low-rise commercial building. Servicing access to their site is located off of Moore Park Avenue to the north and will be a shared access with the proposed development.
Participant Status Requests
8The Tribunal received Participant Status Requests from the following:
Mr. Medi Shams
Ms. Effie Shams
Mr. Arash Ekbatani
Mr. Ali Eskandari
Mr. Reza Eskandari
9The Tribunal canvassed all Parties for any comments, there were no objections. The Tribunal granted all Party and Participant requests.
10The Tribunal has received an updated Procedural Order to these hearings which is attached to this decision as Attachment “A”. This Procedural Order shall govern the proceedings.
11The Tribunal heard that the Parties are seeking a ten (10) day hearing.
12The Tribunal hereby schedules a hearing of these appeals commencing on Monday June 12, 2023 at 10 a.m. Ten (10) days have been set aside.
13Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
14Parties 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.
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: +1 (647) 497-9373 or Toll free 1-888-299-1889. Access Code is 638-422-541.
16Individuals 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.
17No further notice will be given
18The Member is not seized.
19So Orders the Tribunal.
“C. Tucci”
C. TUCCI
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.
ATTACHMENT “A”
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
Tribunal ontarien de
l’aménagement du territoire
655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
CASE NO(S).: OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 6200 Yonge GP Inc.
Subject: Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose: To permit a 25-storey mixed-use building with a daycare space at grade
Property Address: 6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality: City of Toronto
Municipal File No.: 21 252332 NNY 18 OZ
OLT Case No.: OLT-22-004202
OLT Lead Case No.: OLT-22-004202
OLT Case Name: 6200 Yonge GP 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: 6200 Yonge GP Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 25-storey mixed-use building with a daycare space at grade
Property Address: 6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality: City of Toronto
Municipal File No.: 21 252332 NNY 18 OZ
OLT Case No.: OLT-22-004203
OLT Lead Case No.: OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 6200 Yonge GP Inc.
Subject: Site Plan
Purpose: To permit a 25-storey mixed-use building with a daycare space at grade
Property Address: 6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality: City of Toronto
Municipal File No.: 21 252331 NNY 18 SA
OLT Case No.: OLT-22-004204
OLT Lead Case No.: OLT-22-004202
PROCEDURAL ORDER
The Tribunal orders that:
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The hearing is scheduled to proceed by video as follows:
Date: Monday, June 12, 2023
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
Audio only telephone line: +1 (647) 497-9373 or Toll free 1-888-299-1889
Audio-only access code: 709-076-365
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. The procedural order deadlines are generally found in Attachment “1” to this Order.
The parties and participants identified at the Case Management Conference are listed in Attachment “2” to this Order.
The Issues are set out in the Issues List attached as Attachment “3” to this Order. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment “4” hereto. 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 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.
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 and the order in which they will be called. This list must be delivered on or before Wednesday, March 1, 2023, 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 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 Wednesday, March 15, 2023.
Expert witnesses in the same field shall have a meeting on or before Monday, April 3, 2023, 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 coordinator on or before Friday, May 26, 2023.
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.
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.
On or before Friday, April 28, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.
On or before Friday, April 28, 2023, 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.
On or before Monday, May 8, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Friday, May 19, 2023, 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.
Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Friday, June 2, 2023.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, June 5, 2023 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.
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.
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 on or before Friday, January 27, 2023. 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.
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.
ATTACHMENT “1”
SUMMARY OF KEY DATES
Date
Hearing Event
Friday, January 27, 2023
Filing of revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports (if required) – para. 23
Wednesday, March 1, 2023
Exchange of List of Witnesses and the order in which they will be called – para. 9
Wednesday, March 15, 2023
Notice of Motion (if required) to challenge witness(es) – para. 9
Monday, April 3, 2023
Expert Witness Meeting – para. 10
Friday, April 28, 2023
Exchange of Witness Statements – para. 13 Delivery of Participant Statements – para. 14
Monday, May 8, 2023
Confirmation to Tribunal if all reserved hearing dates are still required – para. 15
Monday, May 8, 2023
Exchange of Reply Evidence/Statements – para. 17
Friday, May 19, 2023
Exchange of Visual Evidence – para. 16
Friday, May 26, 2023
Filing of Statement(s) of Agreed Facts and Issues – para. 10
Friday, June 2, 2023
Filing of Joint Document Book – para. 18
Monday, June 5, 2023
Notification to Tribunal and Parties if witness not to provide oral evidence – para. 20
Monday, June 5, 2023
Filing of Hearing Plan – para. 21
Monday, June 12, 2023
Contested Hearing (if required) – para. 2
ATTACHMENT “2”
PARTIES AND PARTICIPANTS
PARTIES
6200 YONGE GP INC.
Jason Park / Adrian Frank
Devine Park LLP
2302 - 250 Yonge Street
Toronto, ON M5B 2L7
T: 416.645.4572 / 416.645.4582
E: jason.park@devinepark.com / adrian.frank@devinepark.com
CITY OF TORONTO
Ray Kallio Legal Services, Planning & Administrative Tribunal Law 26th fl., 55 John St.
Toronto, ON M5V 3C6
T: 416.397.4063
TINA ZOGRAFOS
Chris Barnett / Evan Barz Osler, Hoskin & Harcourt LLP 100 King Street West, Suite 6200
Toronto, ON M5X 1B8
T: 416.862.6651 / 416.862.4209
E: CBarnett@osler.com / EBarz@osler.com
GRAND GENESIS MEDICAL INC.
William Friedman / Shabnam Riazi
Friedman Law Professional Corporation
150 Ferrand Drive North York, ON M3C 3E5 T: 416.496.3340 ext:130 / ext 199
E: wf@friedmans.ca / sr@friedmans.ca
PARTICIPANTS
Medi Shams
T: 416.512.9915
Effie Shams
T: 416.227.1239
Arash Ekbatani
T: 416-222-4777
Ali Eskandari
T: 416.817.4848
Reza Eskandari
T: 647-221.6080
ATTACHMENT “3”
ISSUES LIST
City of Toronto
PROVINCIAL STATUTORY & POLICY REQUIREMENTS
Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the purpose of the Planning Act as set out in Section 1.1, including subsection (c)?
Does the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for matters of provincial interest set forth in Section 2 of the Planning Act, including subsections (h), (p), and (r)?
Provincial Policy Statement
Is the proposed development, Official Plan Amendment, and Zoning By-law Amendment consistent with Policy 1.1.3.4 of the Provincial Policy Statement (2020)?
Is the proposed development and Official Plan Amendment consistent with Policy 4.6 of the Provincial Policy Statement (2020)?
Growth Plan
- Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to and not conflict with the Growth Plan for the Greater Golden Horseshoe (2020), in particular Policies 2.2.1.4(e), 2.2.2.3(b), and 5.2.5(8)?
CITY OF TORONTO OFFICIAL PLAN
- Does the proposed development conform to the policies of the City of Toronto Official Plan, OPA 479, and OPA 480, and, including:
Chapter 2 (Shaping the City):
- Policies 2.2.3(3), (4), and (5)
Chapter 3 (Public Realm, Built Form, Housing and Parks and Open Spaces):
Public Realm - Policies 3.1.1.6d
Built Form – 3.1.2.1f, 3.1.2.3e, 3.1.2.5, 3.1.2.6, 3.1.2.10, and 3.1.2.13d
Chapter 4 (Mixed Use Areas and Neighbourhoods):
Mixed Use Areas
- Policy 4.5.2(2)a), c), e), f), h), i), and j)
Neighbourhoods
- Policy 4.1.5
Chapter 5 (Implementation)
Policy 5.1.3(2) and (3)
Policy 5.2.1
- Does the proposed development have appropriate regard to the vision contained in the Council-adopted Yonge Street North Secondary Plan?
Guidelines
Does the proposed development appropriately address the City-Wide Tall Building Design Guidelines, Mid-Rise Buildings Performance Standards, and Growing Up: Planning for Children in New Vertical Communities?
Do the proposed development, Official Plan, Zoning By-law Amendments adequately support the objectives of the Growing Up Guidelines in order to accommodate a broad range of households, including families with children? Do the proposed large units generally meet the ideal unit size, as outlined in the Guidelines?
SITE SPECIFIC ISSUES
Built Form
- Does the proposed development represent good land use planning and good urban design having regard to the height, mass, setbacks and step-backs, including their impact on the following matters, without limiting the generality of the foregoing:
i. fit with the existing and planned context;
ii. Is a tall building appropriate for the site;
iii. transition in relation to the scale and character of the surrounding areas;
iv. shadow and wind impacts on neighbouring properties, public streets and public realm; and
v. sunlight and open views of the sky from the public realm
Grade-Related Uses
- Does the proposed daycare facility provide for an animated public realm fronting Yonge Street?
Infrastructure and Transportation
Does the proposed development meet the concerns raised in the Engineering and Construction Services memo, dated March 25, 2022?
Has appropriate transportation infrastructure been secured in accordance with the Yonge Street North Transportation Master Plan as envisioned in the Yonge Street North Secondary Plan?
Does the proposed development set an appropriate framework for future development within the Yonge Street North Secondary Plan area, and the potential for resulting capacity constraints for physical infrastructure, including storm water/sanitary, roads, and public transportation, both with the proposed density increase of this application, and the cumulative impact should other properties seek comparable redevelopment?
Parkland
(a) Has a parkland dedication of an appropriate size, location and configuration been proposed under Section 42 of the Planning Act?
(b) Has a parkland dedication been provided which conforms to Chapter 415 III of the Toronto Municipal Code?
Planning Instruments
Is the form and content of the draft Official Plan Amendment appropriate?
Is the form and content of the draft Zoning By-law Amendment appropriate?
Tina Zografos
Does the location and organization of the proposed development fit within the existing and planned context of the subject site and area?
Does the proposed development unreasonably limit the development potential of the properties to the south?
Are the proposed base building and tower setbacks from the south property lines adequate?
Is the size and massing of the tower floorplate appropriate in this circumstance?
Is the proposed access sufficient to allow for automobile and truck movements and circulation to the proposed development without negative impact on the existing uses to the south of the proposed development?
Is the proposed access sufficient to allow for automobile and truck movements and circulation to the proposed development without negative impact on the development potential of the properties to the south of the proposed development?
Grand Genesis Medical Inc.
Does the location and organization of the proposed development fit within the existing and planned context of the subject site and area?
Does the proposed development limit the development potential of the properties to the south?
Are the proposed base building and tower setbacks from the south property lines adequate?
Is the size and massing of the tower floorplate appropriate in this circumstance?
Is the proposed access sufficient to allow for automobile and truck movements and circulation to the proposed development without negative impact on the existing uses of our clients’ property?
ATTACHMENT “4”
ORDER OF EVIDENCE
6200 Yonge GP Inc.
City of Toronto
Tina Zografos
Grand Genesis Medical Inc.
Reply by 6200 Yonge GP Inc. (if any)
ATTACHMENT “5”
DEFINITIONS
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.