Lightpoint (170 Lakeshore Road East Port Credit) Inc. v. Mississauga (City), 2023 CanLII 39094

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 01, 2023

CASE NO(S).: OLT-22-004584

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

Applicant and Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.

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

Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units

Reference Number: OPA 21/16 W1

Property Address: 170 Lakeshore Road East

Municipality/UT: City of Mississauga/ Regional Municipality of Peel

OLT Case No.: OLT-22-004584

OLT Lead Case No.: OLT-22-004584

OLT Case Name: Lightpoint (170 Lakeshore Road East Port Credit) v. Mississauga (City)

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

Applicant/Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units

Reference Number: OZ 21/16 W1

Property Address: 170 Lakeshore Road East

Municipality/UT: City of Mississauga/ Regional Municipality of Peel

OLT Case No.: OLT-22-004584

OLT Lead Case No.: OLT-22-004585

Heard: February 24, 2023 by video hearing

APPEARANCES:

Parties	Counsel
Lightpoint (170 Lakeshore Road East Port Credit) Inc.	Rodney Gill (David Bronskill in absentia)
City of Mississauga	Raj Kehar Graham Walsh

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN and C. I. MOLINARI ON FEBRUARY 24, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed pursuant to subsections 22(7) and 34(11) of the Planning Act (“Act”) by Lightpoint (170 Lakeshore Road East Port Credit) Inc. (“Appellant”) against the City of Mississauga (“City”) for its failure to make a decision on applications for approval of an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBLA”) within the timeframe prescribed by the Act.

2The lands that are the subject of the application are known municipally as 170 Lakeshore Road East (the “Subject Lands”). The Appellant proposes to redevelop the Subject Lands with a 15-storey mixed-use building, including a 6-storey podium with 147 purpose-built residential rental units.

NOTICE

3An Affidavit of Service sworn on February 8, 2023, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.

PARTIES / PARTICIPANTS

4The Tribunal was in receipt of correspondence from the Region of Peel withdrawing their Party status, indicating that their issues may be addressed at the site plan approval stage of the development, if the OPA and ZBLA are approved.

5In advance of the CMC, written requests for Participant status were received from: Colleen Barrett and John Atchison, and Kenneth Fernandes raising concerns with height, massing and density.

6The Tribunal was also in receipt of correspondence from Lindsay Davies inquiring on the process to be involved in the case either as a Participant or as a member of the public. Ms. Davies was in attendance at the CMC and clarified that she was requesting Participant status. The Tribunal indicated that her submission would form part of the material before the Tribunal at the hearing of the merits of the appeals. Following the CMC, the Tribunal received Ms. Davies’ Participant status request form.

7Also in attendance at the CMC was a representative for the Liquor Control Board of Ontario (“LCBO”) requesting Participant status. The LCBO was given two weeks from the date of the CMC, until March 10, 2023, to file a Participant status request form which will be circulated to the Parties. Following the CMC, the Tribunal received LCBO’s Participant status request form.

8With the consent of the Parties, all the above were conferred Participant status.

MEDIATION

9The Tribunal queried whether there were opportunities for settlement and was advised that the Parties are open to engaging in discussions with the view to narrowing the scope of issues for the hearing.

10The Parties were aware of the availability of Tribunal-assisted mediation, and in the event they wish to avail themselves of this resource, they may make a request for mediation through the Case Coordinator.

PROCEDURAL ORDER

11In advance of the CMC, the Tribunal was in receipt of a draft Procedural Order indicating a 5-day hearing event. It was clarified by counsel that a 10-day hearing is required and that the draft Procedural Order would be corrected, the Issues List would be finalized, and both resubmitted to the Tribunal on consent of the Parties by March 31, 2023.

12Having received the benefit of the draft Procedural Order prior to the issuance of this decision and having the Panel approve its content, the Panel deems the attached Procedural Order to be in force and effect to govern the upcoming hearing of the merits.

HEARING EVENT

13At the request of the Parties, the Tribunal scheduled a 10-day video hearing commencing at 10 a.m. on Monday, October 30, 2023.

14Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test video and audio connections:

https://global.gotomeeting.com/join/909787981

Access code: 909-787-981

15Parties 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 at:

https://app.gotomeeting.com/home.html

16Persons 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 the audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389. The access code is: 909-787-981.

17Individuals are directed to connect to the event on the assigned dates at the correct times. It is the responsibility of the persons participating in hearing events by video to ensure that they are properly connected at the correct time. Questions prior to these hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

18The Tribunal confers Participant Status to the following in this proceeding:

1. Colleen Barrett and John Atchison
2. Kenneth Fernandes
3. Liquor Control Board of Ontario and
4. Ms. Lindsay Davies

19The Procedural Order attached as Schedule 1 to this decision is deemed in force and effect to govern the hearing of the merits.

20The Tribunal orders that a 10-day hearing will commence by video hearing on Monday, October 30, 2023, at 10 a.m. by video hearing.

21There will be no further notice required.

22The Panel is not seized of this matter.

“D. Chipman”

D. CHIPMAN MEMBER

“C. I. Molinari”

C. I. MOLINARI MEMBER

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.

Schedule 1

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

Applicant and Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.

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

Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units

Reference Number: OPA 21/16 W1

Property Address: 170 Lakeshore Road East

Municipality/UT: City of Mississauga/Regional Municipality of Peel

OLT Case No.: OLT-22-004584

OLT Lead Case No.: OLT-22-004584

OLT Case Name: Lightpoint (170 Lakeshore Road East Port Credit) Inc. v. Mississauga (City)

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

Applicant/Appellant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the development of a 15-storey mixed-use building, including a 6-storey podium, with 147 purpose-built residential rental units

Reference Number: OZ 21/16 W1

Property Address: 170 Lakeshore Road East

Municipality/UT: City of Mississauga/Regional Municipality of Peel

OLT Case No.: OLT-22-004584

OLT Lead Case No.: OLT-22-004585

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 October 30, 2023 at 10:00 a.m.

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

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see 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 July 28, 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.

10. Expert witnesses in the same field shall have a meeting 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 August 28, 2023.

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 September 18, 2023, 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 September 18, 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.

15. On or before October 23, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before October 16, 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.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before October 2, 2023 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 23, 2023.

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 October 23, 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.

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. 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 before June 30, 2023. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.

24. 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 Panel is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
June 30, 2023	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
July 28, 2023	Exchange of witness lists (names, disciplines and order to be called)
August 28, 2023	Experts Meeting and Agreed Statement of Facts
September 18, 2023	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
October 2, 2023	Exchange of Reply Witness Statements (if any)
October 16, 2023	Exchange of visual evidence (if any)
October 23, 2023	Preparation of Joint Document Book
October 23, 2023	Final Work Plan filed with the Tribunal
October 30, 2023	Hearing commences

ATTACHMENT 1 PARTIES/PARTICIPANTS

Parties

1. Lightpoint (170 Lakeshore Road East Port Credit) Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Mississauga Raj Kehar/Graham Walsh (416) 947-5051/(905) 615-3200, x. 3743 rkehar@weirfoulds.com/graham.walsh@mississauga.ca

Participants

1. Atchison, John (416) 898-6647 jatchison@grllp.com

2. Barrett, Colleen (647) 456-3363 colleen.barrett765@gmail.com

3. Fernandes, Kenneth (905) 599-9935 kenneth_fernandes@yahoo.com

4. Campbell, Matt (519) 474-7137 matt.c@zpplan.com

5. Davies, Lindsay (905) 271-1280/(647) 273-5467 lindsaydoherty@hotmail.com

ATTACHMENT 2 ISSUES LIST

Issues List of City of Mississauga

PLANNING ACT:

1. Does the proposed development have regard to matters of Provincial interest as outlined in Section 2 of the Planning Act including but not limited to:
   1. Section (p) the appropriate location of growth and development
   2. Section (r) the promotion of built form that: (i) is well-designed and (ii) encourages a sense of place

PROVINCIAL POLICIES:

2. Does the proposed development demonstrate consistency with the Provincial Policy Statement 2020, including but not limited to:

   1. Policy 1.1.3.3 – Planning Authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment
   2. Policy 1.1.3.4 – Appropriate development standards should be promoted which facilitate intensification
   3. Policy 1.7.1 e) – Long term economic prosperity should be supported by encouraging a sense of place by promoting well designed built form

3. Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe (Office Consolidation 2020), including but not limited to:

   1. Policy 2.2.2.3 – All municipalities will develop a strategy to achieve minimum intensification target and intensification throughout delineated built-up areas
   2. Policy 2.2.4.2 – For major transit station areas on priority transit corridors, upper-tier municipalities will delineate the boundaries of major transit station areas
   3. Policy 5.2.5.6 – To achieve minimum intensification and density targets, municipalities will develop and implement urban design and site design official plan policies and other supporting documents that direct the development of a high quality public realm and compact built form

REGION OF PEEL OFFICIAL PLAN, OFFICE CONSOLIDATION SEPTEMBER 2021:

4. Does the proposed development conform to the Region of Peel Official Plan (Office Consolidation September 2021) including but not limited to Section 5.3 Urban Systems policies related to intensification and respecting the characteristics of existing communities as identified in policies 5.3.1.3, 5.3.1.4, 5.3.1.7, and 5.3.2.6?

NEW REGION OF PEEL OFFICIAL PLAN, 2022 (APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING ON NOVEMBER 4, 2022):

5. Is the proposed development within a Major Transit Station Area boundary as identified on Schedule E2 – Strategic Growth Areas?

6. Does the proposed development conform to the Region of Peel Official Plan, 2022?

MISSISSAUGA OFFICIAL PLAN:

7. Does the proposed development conform to the Mississauga Official Plan, including but not limited to policies in:

   1. Chapter 5: Direct Growth - Sections 5.3 City Structure, 5.3.5 Neighbourhoods and 5.4 Corridors; 5.5 Intensification Areas
   2. Chapter 9: Build a Desirable Urban Form – Sections 9.1 Introduction; 9.2.1 Intensification Areas, 9.2.2 Non-Intensification Areas, and 9.5 Site Development and Buildings
   3. Chapter 19: Implementation – Sections 19.5 Criteria for Site Specific Official Plan Amendments

8. Is the proposed development within a Protected Major Transit Station Area, as identified in Mississauga Official Plan Amendment 144

PORT CREDIT LOCAL AREA PLAN & BUILD FORM STANDARDS:

9. Does the proposed development conform to the Port Credit Local Area Plan, including but not limited to policies in:
   1. Chapter 5.0: Vision – Sections 5.1 Guiding Principles and 5.2 Community Concept
   2. Chapter 6.0: Direct Growth – Sections 6.2 Neighbourhood Character Areas
   3. Chapter 8.0 Complete Communities – Section 8.4 Distinct Identity and Character
   4. Chapter 10.0 Desirable Urban Form – Section 10.1 General Policies and Section 10.3 Neighbourhood Character Area
   5. Built Form Standards – Sections 2.4.5 Microclimate

PLANNING, DESIGN, LANDSCAPE & PARKING ISSUES:

10. Is the application the appropriate mechanism to amend and expand the boundary of the Port Credit Major Transit Station Area and Community Node?

11. Does the proposed development appropriately implement:

    1. The Direct Growth and Urban Form Policies of Mississauga Official Plan and the Port Credit Local Area Plan
    2. The urban design guidelines and standards of the City of Mississauga, including but not limited to: Port Credit Local Area Plan Built Form Guide, Mississauga Standards for Shadow Studies, and Pedestrian Wind Comfort and Safety Studies

12. Is the proposed development consistent with the Mississauga Official Plan urban structure and does it represent an appropriate level of intensification and built form for this Neighbourhood?

13. Does the proposed development respect the existing and planned character of the area and reinforce planned heights for Port Credit?

14. Does the subject property represent an appropriate location for a Tall Building?

15. Is the proposed development compatible with the surrounding environment including the adjacent residential low density area, based on but not limited to:

    1. Transition and overlook (angular plane test)
    2. Shadow impacts
    3. Unencumbered landscaped buffers

16. Are noise levels appropriate for the proposed podium rooftop Outdoor Amenity Space and are there alternative locations, designs and warning clauses that provide a more desirable solution?

17. Does the proposed development incorporate appropriate building setbacks, landscaped buffers and outdoor amenity areas?

18. Does the location of the main entrance to the building satisfy Fire & Emergency Services?

19. Are the proposed zoning standards appropriate, including those pertaining to vehicular and bicycle parking?

20. What is the appropriate number and type of parking spaces proposed for the development?

HOLDING “H’ PROVISION - PLANNING AND URBAN DESIGN ISSUES

21. Is approval of the proposal premature until the following is provided to the satisfaction of the City and other public authorities as applicable, or alternatively is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:
    1. Quantitative pedestrian wind study
    2. Additional information on limits of the underground parking structure, air vents exhaust shafts and exit stairs
    3. Revised Streetscape feasibility and associated utility plans
    4. Location and size of outdoor amenity areas and implications of any impacts on these areas from the building (e.g. wind, noise, shadow)
    5. Revised Sun/Shadow Study undertaken in accordance with City’s Terms of Reference
    6. Revised tree inventory, preservation plan, arborist report as requested by City’s landscape architect
    7. Updated site statistics to include floor plate size and gross floor area for each floor
    8. Illustrate location and servicing routes / staging areas for all of the proposed ground floor transformer vault rooms and associated equipment

HOLDING “H” PROVISION - TRANSPORTATION & WORKS ISSUES

22. Is approval of the proposal premature until the following is provided to the City’s satisfaction or, alternatively, is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:
    1. Revised site/grading plans
    2. Utility plan
    3. Revised Functional Servicing Report
    4. Confirmation of stormwater management sustainable technologies to be used
    5. Delivery of environmental documentation, including certification letter, for any land dedication
    6. Temporary discharge to storm sewer commitment letter
    7. Decommissioning plan or proof of decommissioning of on site wells
    8. Revised Phase 1 and 2 Environmental Site Assessment and reliance letter
    9. Record of Site Condition including all supporting documentation and reliance letter
    10. Revised traffic impact study, internal site circulation and access plans
    11. Draft reference plans for land dedication
    12. Gratuitous land dedication of sight triangles
    13. Delivery of an Executed Development Agreement, including but not limited to provision of municipal right of way streetscape plan and road/boulevard improvements

HOLDING “H” PROVISIONS - OTHER PUBLIC AUTHORITIES

23. Is approval of the proposal premature until the following is provided to the City’s satisfaction and other public authorities as applicable or, alternatively, is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:

    1. Identify number of charging stations for electrical vehicles and load breakdown of associated equipment and location of electrical room as requested by Alectra Utilities
    2. Waste Management Plan as requested by the Region of Peel
    3. Hydrant flow test and fire flow calculations as requested by the Region of Peel
    4. Revision to the noise study so that it recommends a warning clause with the specific wording requested by GO Transit
    5. Registration on title of an Environmental Easement for operational emissions as requested by GO Transit

24. Is it appropriate to approve the site plan application?

25. In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment, Zoning By-law Amendment and Site Plan application?

SUMMARY:

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

ATTACHMENT 3 ORDER OF EVIDENCE

1. Lightpoint (170 Lakeshore Road East Port Credit) Inc.
2. City of Mississauga
3. Lightpoint (170 Lakeshore Road East Port Credit) Inc., in reply (if any)

Attachment to Sample Procedural Order

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.

7349507.2