ISSUE DATE: April 18, 2023

CASE NO.: OLT-22-002401 (Formerly PL210085)

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

Applicant and Appellant: Trimed Investments Inc., Turbo-Mac Ltd., Yonge & Gerrard Partners Inc.

Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Description: To permit a 74 storey mixed-use building

Property Address: 372, 374, 374A, 376 and 378 Yonge Street

Municipality: City of Toronto

Approval Authority File No.: 20 174053 STE 11 OZ

OLT Case No.: OLT-22-002401

Legacy Case No.: PL210085

OLT Lead Case No.: OLT-22-002401

Legacy Lead Case No.: PL210085

OLT Case Name: Trimed Investments Inc. vs. Toronto (City)

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

Applicant and Appellant: Trimed Investments Inc., Turbo-Mac Ltd., Yonge & Gerrard Partners Inc.

Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision

Description: To permit a 74 storey mixed-use building

Property Address: 372, 374, 374A, 376 and 378 Yonge Street

Municipality: City of Toronto

Municipality File No.: 20 174053 STE 11 OZ

OLT Case No.: OLT-22-002402

Legacy Case No.: PL210086

OLT Lead Case No.: OLT-22-002401

Legacy Lead Case No.: PL210085

BEFORE:

ASTRID J. CLOS MEMBER

DAVID BROWN MEMBER

Monday, the 17th Day of April 2023

THESE MATTERS having come before the Tribunal for a case management conference on March 7, 2023;

AND THE TRIBUNAL having directed the parties to submit a draft Procedural Order and Issues List;

AND THE TRIBUNAL having received a draft Procedural Order and Issues List, on consent;

THE TRIBUNAL ORDERS that the Procedural Order and Issues List attached hereto as Schedule “1” is in full force and effect.

“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.

SCHEDULE 1

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 April 2, 2024 at the Ontario Land Tribunal via the following link: https://global.gotomeeting.com/join/927921077 or by phone via the call-in numbers 1-888-299-1889 (Toll Free) or +1 (647) 497-9391.The access code is 927-921-077.

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 procedural order deadlines are found in Attachment 1.

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

6. The issues are set out in the Issues List attached as Attachment 3. 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 shall be as 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 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.

9. 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

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 on or before November 3, 2023 (at least 151 days prior to the start of the hearing) in accordance with paragraph 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. below. The parties acknowledges that any revisions to a proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

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 and the order in which they will be called. This list must be delivered on or before December 1, 2023 (at least 123 days prior to the start of the hearing) and in accordance with paragraph 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. 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 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 December 22, 2023 (102 days before the hearing is scheduled to commence).

12. Expert witnesses in the same field shall have a meeting on or before January 3, 2024 (at least 90 days prior to the start of the hearing) 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 January 12, 2024 (at least 81 days prior to the start of the hearing), if agreement is reached.

13. 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 On or before February 2, 2024 (at least 60 days prior to the start of the hearing), 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 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. below. 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.

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 paragraph On or before February 2, 2024 (at least 60 days prior to the start of the hearing), 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 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. below. 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 On or before February 2, 2024 (at least 60 days prior to the start of the hearing), 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 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. below. below.

15. On or before February 2, 2024 (at least 60 days prior to the start of the hearing), 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 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. below.

16. On or before February 2, 2024 (at least 60 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 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. below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before February 27, 2024 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before March 22, 2024 (at least 11 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 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. below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within twenty one days (February 23, 2024) after the evidence is received and in accordance with paragraph 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. below.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before March 22, 2024 (at least 11 days prior to the start of the hearing).

21. 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.

22. 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 22, 2024 (at least 11 days prior to the start of the hearing) 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.

24. 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.

25. 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

Attachment 1

Summary of Dates

DATE

EVENT

November 3, 2023 (151 days prior to hearing)

Revised proposal materials to be submitted, if any

December 1, 2023 (123 days prior to hearing)

Exchange of witness lists (names, disciplines and order to be called)

December 22, 2023 (102 days prior to hearing)

Challenges to qualifications of witnesses, if any

January 3, 2024 (90 days prior to hearing)

Experts meeting prior to this date, if any

January 12, 2024 (81 days before hearing)

Agreed Statement of Facts, if any

February 2, 2024 (60 days before hearing)

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

February 23, 2024 (21 days after Witness Statements received)

Exchange of Reply Witness Statements (if any)

February 27, 2024 (35 days before hearing)

Confirm if reserved hearing dates still required

March 22, 2024 (11 days prior to hearing)

Exchange of visual evidence, if any

March 22, 2024 (11 days prior to hearing)

File Joint Document Book

March 22, 2024 (11 days prior to hearing)

Hearing Plan filed with the Tribunal

April 2, 2024 (11 days prior to hearing)

Hearing commences

Attachment 2

List of Parties and Participants

Parties:

Trimed Investments Inc., Yonge & Gerrard Partners Inc., and Turbo-Mac Ltd.

Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9

Eileen P.K. Costello Naomi Mares Tel: (416) 865-4740 Tel: (647) 426-2842 Fax: (416) 863-1515 Fax: (416) 863-1515 Email: ecostello@airdberlis.com Email: nmares@airdberlis.com

City of Toronto

City of Toronto Legal Services 55 John Street, 26th Floor, Metro Hall Toronto, ON M5V 3C6

Jessica Braun Michael Mahoney Tel: (416) 392-7237 Tel: (416) 392-4846 Email: Jessica.Braun@toronto.ca Email: michael.mahoney@toronto.ca

Great Eagle Hotels (Canada) Limited

Goodmans LLP 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7

Ian Andres Joe Hoffman Tel: (416) 597-5160 Tel: (416) 597-5168 Email: iandres@goodmans.ca Email: jhoffman@goodmans.ca

234398 Ontario Inc. and Mang Investments Limited

Stikeman Elliott LLP 5300 Commerce Court West, 199 Bay Street Suite 6200, P.O. Box 50 Toronto, ON M5L 1B9

Calvin Lantz Jonathan Cheng Tel: (416) 869-5669 Tel: (416) 869-6807 Email: clantz@stikeman.com Email: jcheng@stikeman.com

Attachment 3 Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. 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 OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.

Issues List of Great Eagle Hotels (Canada) Limited

Built Form

1. Are the proposed tower setbacks appropriate and do they allow for appropriate tower separation distances in light of the existing hotel on Great Eagle’s property, including the proximity of the proposed tower to the east-facing windows in the existing hotel?

2. Are the proposed tower setbacks appropriate and do they allow for appropriate and equitable tower separation distances in light of the tall buildings proposed on Great Eagle’s property?

3. Should the proposed tower siting and setbacks be evaluated on a comprehensive basis considering the surrounding block context?

Parking, Loading and Site Access

4. Is the proposed development loading area appropriately located, sized and configured, and are an adequate number and type of loading spaces provided?

5. Has an adequately sized loading area with bin staging areas for solid waste collection been provided in accordance with the City of Toronto Requirements for Garbage, Recycling and Organics Collection Services for New Developments and Redevelopments?

6. Is the proposed truck turntable sufficiently sized and provided with sufficient buffer space to be functional for its intended use?

7. Can the proposed development’s loading activity be contained within the site, and in particular, will trucks be required to queue on Walton Street, decreasing the availability of curbside space for pick-up and drop-off activity?

8. Is the site access appropriately located and designed?

9. Does the proposed development provide an adequate number of accessible parking spaces and parking spaces for visitors?

10. Does the proposed development’s street frontage adequately provide for pick-up and drop-off activities?

11. Should the proposal accommodate a 1.17 metre wide conveyance of the adjacent City owned laneway in order to achieve a 6.0 metre wide laneway as per the City’s policy for laneways between commercial properties, along with the lane widening agreed to by Great Eagle which would expand the laneway to the west by 1.17 metres?

12. Should an increased corner rounding be accommodated at the northwest corner of Yonge Street and Walton Street in accordance with the City of Toronto Guidelines for Private Property Corner Requirements?

Hotel Matters

13. Does the proposed development inappropriately impact the existing hotel and hotel operations, including the experience of hotel guests?

General Matters

14. Does the proposed development represent good planning and is it in the public interest?

Issues List of City of Toronto

1. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment have regard for the relevant matters of provincial interest set out in Section 2 of the Planning Act, including subsections (f), (h), (p) and (r)?

2. Would approval of the proposed development by the Tribunal have regard to the decision of City Council and the information and material that City Council considered in making its decision as required by Section 2.1 of the Planning Act?

Provincial Policy Statement

3. Are the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020) as required by Section 3(5) of the Planning Act, including but not limited to sections 1.1.3.4, 1.6.8.3, 1.7.1 and 2.6?

Growth Plan

4. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment conform with and not conflict with the Growth Plan for the Greater Golden Horseshoe (2020), as required by Section 3(5) of the Planning Act, including but not limited to section 4.2.7?

City of Toronto Official Plan

5. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to of the City of Toronto Official Plan, including but not limited to sections:

a) Section 3.1.1 – Public Realm

b) Section 3.1.3 – Built Form

c) Section 3.1.4 – Built Form – Tall Buildings

d) Section 3.1.5 – Heritage Conservation

e) Section 3.2.3 – Parks and Open Spaces

f) Chapter 4 – Land Use Designations

(i) 4.3 – Parks and Open Spaces

(ii) 4.5 Mixed Use Areas

j) Site and Area Specific Policy 174, Yonge Street Between Queen Street and North of Gerrard Street (SASP 174)

City of Toronto Official Plan Amendment 406 – Downtown Plan

6. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to the in-force City of Toronto Official Plan Amendment 406, including but not limited to sections 6.22, 6.26, 9.1.2, 9.11, 9.13, 9.14, 9.17, 9.21, 9.25.3, 9.31?

City of Toronto Official Plan Amendment 479 and 480 – Public Realm, Built Form and Building Types Policies

7. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard to the policies of City of Toronto Official Plan Amendments 479 and 480?

City of Toronto Official Plan Amendment 352

8. Do the proposed development, Official Plan Amendment have appropriate regard to City of Toronto Official Plan Amendment 352, as modified by amendments approved December 3, 2020, including but not limited to Policy B i), ii), iii) and iv)?

City-wide Tall Building Guidelines

9. Does the proposed development appropriately respond to and maintain the intent and purpose of the city-wide Tall Building Design Guidelines?

Downtown Tall Buildings: Vision and Supplementary Design Guidelines

10. Does the proposed development appropriately respond to and maintain the intent and purpose of the Downtown Tall Building Vision and Supplementary Design Guidelines?

Site Specific Issues

Tower Setbacks, Tower Separation Distances and Tower Stepbacks

11. Is the site large enough to appropriately support a tall building?

12. Are the proposed west and south tower setbacks sufficient and do they allow for appropriate tower separation distances?

13. Does the proposed tower provide for appropriate stepbacks including stepbacks from the podium edges? Would the provision of appropriate stepbacks compromise the site such that tower development is generally not practical?

14. Does the proposal represent overdevelopment of the site?

Shadowing

15. Are the shadow impacts caused by the development on the public realm, McGill Granby neighbourhood, Barbara Ann Scott Park (also known as College Park) and Allan Gardens appropriate? Do the shadow impacts respond appropriately to the relevant Official Plan Polices and Urban Design Guidelines?

Heritage Conservation Strategy

16. Has the proposed development been designed to conserve the cultural heritage values, attributes, and character of the heritage properties and to mitigate visual and physical impacts on them?

17. Does the proposal provide an appropriate heritage conservation strategy that also includes conservation of the heritage values and attributes of the listed heritage property at 372 Yonge?

18. Does the proposal provide appropriate stepbacks and setbacks from 372, 374-374a, and 376 Yonge Street?

Public Realm and Pedestrian Linkages

19. Is the proposed pedestrian realm, from curb to building façade, appropriate on the south-east corner of the site and along Walton Street?

Amenity Space

20. Does the proposal provide for an appropriate amount of outdoor amenity space?

21. Is the proposed outdoor amenity space in an appropriate location and form?

22. Would the provision of appropriate tower stepbacks facilitate the potential provision of additional outdoor amenity space with access to sunlight?

Parking, Loading and Site Access

23. Does the proposed development provide for the required right-of-way widening requirements?

24. Is the proposed loading area appropriately located and sized?

25. Is the site access appropriately located and designed?

26. Does the proposal provide an adequate number of parking spaces for visitors and pickup-drop off activities?

27. Has an appropriate Transportation Demand Management (TDM) plan been provided?

Other Matters

30. Do the proposed development, Official Plan Amendment and Zoning By-law Amendments represent good planning and are they in the public interest?

31. Are the form and content of the proposed Zoning By-law Amendments appropriate?

32. In the event that the Tribunal allows the appeals in whole or in part, should the Order be withheld until the following conditions are satisfied:

(i) the Tribunal has been provided with a proposed Official Plan Amendment and Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Amendments are in a form satisfactory to the City;

(ii) the Tribunal has been advised by the City Solicitor that the following matters have been completed to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services:

(a) The owner has provided a Storm \water Management Report and a Functional Servicing report;

(b) Adequate provision for space within the development for installation of maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections;

(c) The owner has provided site servicing and grading plans prepared by a qualified professional;

(d) The owner has made satisfactory arrangements with Engineering and Construction Services and has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure to support this development, according to an approved Site Servicing plan.

(iii) the Tribunal has been advised by the City Solicitor that the following matters have been completed to the satisfaction of Senior Manager, Heritage Planning:

(a) The owner has entered into a Heritage Easement Agreement with the in accordance with a Conservation Plan required in recommendation b., including registration of such agreement to the satisfaction of the City Solicitor; and

(b) The owner has provided a detailed Conservation Plan, prepared by a qualified consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment.

(iv) the owner maintains a 3.0 metre clearance between the building, including all below grade and above grade structures, to all Toronto Transit Commission infrastructure; and,

(v) the owner provides a 1.17 metre widening requirement along the westerly portion of the property to be conveyed to the City free and clear of obstruction and a corner rounding requirement at the southeast corner of the site (north-west corner of Yonge and Walton), free and clear of all encumbrances.

Attachment 4

Order of Evidence

1. Trimed Investments Inc., Yonge & Gerrard Partners Inc., and Turbo-Mac Ltd.

2. City of Toronto

3. Great Eagle Hotels (Canada) Limited

4. 234398 Ontario Inc. and Mang Investments Limited

5. Trimed Investments Inc., Yonge & Gerrard Partners Inc., and Turbo-Mac Ltd. (Reply)

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.