Chu v. Whitchurch-Stouffville (Town), 2023 CanLII 46221

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 24, 2023

CASE NO(S).: OLT-22-004513

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

Applicant/Appellant: Lai Chun Lee Chu Subject: Application to amend the Zoning By-law – neglect to make a decision Description: Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation Reference Number: ZBA22.011 Property Address: 17321 Woodbine Avenue Municipality/UT: Whitchurch-Stouffville/York OLT Case No: OLT-22-004513 OLT Lead Case No: OLT-22-004513 OLT Case Name: Chu v. Whitchurch-Stouffville (Town)

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

Applicant/Appellant: Lai Chun Lee Chu Subject: Site Plan Description: Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation Reference Number: SPA20.028 Property Address: 17321 Woodbine Avenue Municipality/UT: Whitchurch-Stouffville/York OLT Case No: OLT-22-004514 OLT Lead Case No: OLT-22-004513

Heard: January 25, 2023 and March 10, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
Lai Chun Lee Chu	Jonathan Cheng, Calvin Lantz
Town of Whitchurch-Stouffville	C. Kapelos
Regional Municipality of York	Samantha Whalen

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON MARCH 10, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) for the Zoning By-law Amendment and Site Plan Control sought by Lai Chun Lee Chu (“Applicant/Appellant”). The subject property is known municipally as 17321 Woodbine Avenue in the Town of Whitchurch-Stouffville (“Subject Property”).

2The Affidavit of Service for the first CMC sworn by Ani Zhai and dated December 16, 2022 was determined to have been duly served and was marked as Exhibit 1.

Status Request

3The Regional Municipality of York requested Party status, which was granted after due review and consent of the Parties.

4Lorna and David Jay requested Participant status, which was granted after review of their Participant Status Request submission and clarifications at the CMC from their representative Michael Larkin.

Mediation

5The Tribunal appraised and inquired about the likelihood of mediation. Counsel advised that they remain open to the same but will continue private discussions per any instructions received from their clients.

UPDATES

6The Applicant/Appellant described the purpose of their request as being the development of the Subject Property as a retreat for spiritual as well as recreational purposes. The Applicant/Appellant plans to provide such service as appropriate on occasional and/or temporary residential purposes centric to the planned uses.

7The Tribunal reviewed with the Parties the identification of issues as well as possible presentation of evidence at a Hearing on merits. The Applicant/Appellant stated that they plan to call three witnesses in the area of land use planning, transportation and civil engineering. The Town also advised of calling witnesses in the same disciplines as the Applicant/Appellant. The Region advised that they plan to call witnesses in land use planning and transportation.

8Based on discussion and review of a possible plan of evidence, the Parties requested a 10-day Hearing on merits. They also promised to deliver a draft Procedural Order to the Tribunal on or before March 17, 2023. This has since been received, on or about March 16, 2023.

9The Tribunal set a Hearing for 10 days commencing on Tuesday, January 30, 2024 to be conducted by video.

Merit Hearing Details

10The Video Hearing is scheduled to proceed as follows: Merit Hearing: January 30, 2024 at 10 a.m.

GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889 Audio-only access code: 660-145-013

Guidance for Participating by Video

11Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.

12Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to the audio-only telephone line shown above in paragraph 10.

14Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

15THE TRIBUNAL ORDERS that the Regional Municipality of York is granted Party status.

16THE TRIBUNAL ORDERS that the Lorna and David Jay are granted Participant status.

17THE TRIBUNAL ORDERS that a Hearing is scheduled for 10 days commencing Tuesday, January 30, 2024, to be conducted by video.

18THE TRIBUNAL ORDERS that the Hearing shall be governed by the Procedural Order attached as Schedule 1.

19This Member is not seized but will provide Case Management support should any issues arise prior to the start of the scheduled hearing.

20There will be no further notice.

“Jatinder Bhullar”

JATINDER BHULLAR

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE 1

Procedural Order

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

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

CASE NO.: OLT-22-004513

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

Applicant and Appellant: Lai Chun Lee Chu Subject: Application to amend the Zoning By-law – neglect to make a decision Existing Zoning: CR(2) and ENV Proposed Zoning: Site Specific Description: Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation Property Address: 17321 Woodbine Avenue Municipality/UT: Whitchurch-Stouffville/York Municipal File No.: ZBA22.011 OLT Case No.: OLT-22-004513 OLT Lead Case No. OLT-22-004513 OLT Lead Case Name: Chu v. Whitchurch-Stouffville (Town)

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

Applicant and Appellant: Lai Chun Lee Chu Subject: Site Plan Description: Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation Property Address: 17321 Woodbine Avenue Municipality/UT: Whitchurch-Stouffville/York Municipal File No.: SPA20.028 OLT Case No.: OLT-22-004514 OLT Lead Case No.: OLT-22-004513

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 January 30, 2024 at 10:00 a.m.

3. The length of the Hearing will be 9 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible.

4. The Procedural Order deadlines are generally found in Attachment 1.

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

6. The Issues are set out in the Issues List attached as Attachment 3 to this Order. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

7. The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

8. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

9. Any person who intends to participate in the hearing, including Parties, Counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. Expert witnesses in the same discipline(s) shall have at least one meeting on or before Monday, December 4, 2023 to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties and the Tribunal on or before Monday, December 11, 2023, if this meeting takes place and if agreement is reached.

11. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, November 20, 2023. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before Monday, November 27, 2023.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided as in Section 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 13.

13. On or before Monday, December 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 Section 24 below.

14. On or before Monday, December 18, 2023, a Participant shall provide copies of their written participant statement to the other parties in accordance with Section 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement.

15. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 13.

16. On or before Monday, January 8, 2024, the Parties may provide to all other Parties a written response to any written evidence.

17. On or before Monday, January 8, 2024, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

18. On or before Monday, January 8, 2024, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

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

20. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.

21. On or before Monday, January 15, 2024, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

22. The Parties shall prepare a Joint Document Book on or before Monday, January 15, 2024, and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 24.

23. If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide copies of the revised proposal to the other Parties on or before Monday, November 13, 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, except to the extent that the revised proposal seeks to resolve issues identified in the Issues List. In the event of a dispute, the Tribunal may be spoken to.

24. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 24 applies regardless if the hearing event is in-person or electronic.

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

26. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

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

ATTACHMENT 1 SUMMARY OF DATES

DATE	EVENT
Monday, November 13, 2023	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Monday, November 20, 2023	Exchange of witness lists (names, disciplines and order to be called)
Monday, November 27, 2023	Last date to challenge identification of expert witness
Monday, December 4, 2023	Deadline for Experts’ Meeting to be held
Monday, December 11, 2023	Agreed Statement of Facts
Monday, December 18, 2023	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Monday, January 8, 2024	Exchange of Reply Witness Statements (if any)
Monday, January 8, 2024	Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Monday, January 8, 2024	Exchange of visual evidence (if any)
Monday, January 15, 2024	Final Work Plan filed with the Tribunal
Monday, January 15, 2024	Finalize Joint Document Book
Monday, January 30, 2024	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

1. Lai Chun Lee Chu Counsel/*Agent: Calvin Lantz Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: clantz@stikeman.com Tel.: 416-869-5669

Jonathan Cheng Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: jcheng@stikeman.com Tel.: 416-869-6807

2. Town of Whitchurch-Stouffville Counsel/*Agent: Christina Kapelos Ritchie Ketcheson Hart & Biggart LLP 206 - 1 Eva Road Toronto, ON M9C 4Z5 E-mail: tkapelos@ritchieketcheson.com Tel.: 416-622-6601 ext. 1001

3. Regional Municipality of York Counsel/*Agent: Samantha Whalen Regional Municipality of York 17250 Yonge Street Newmarket, ON L3Y 6Z1 Email: samantha.whalen@york.ca Tel.: 1-877-464-9675 ext. 71422

B. PARTICIPANTS

4. Lorna & David Jay Counsel/*Agent: Michael Larkin LARKIN+ Land Use Planners Inc. 13311 Yonge Street Suite 204 Richmond Hill, ON L4E 3L6 E-mail: mtl@larkinplus.com Tel.: 905-895-0554

ATTACHMENT 3 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

Town of Whitchurch-Stouffville

1. Do the proposed Zoning By-law Amendment and development have appropriate regard for matters of provincial interest as set out in Section 2 of the Planning Act, including but not limited to Sections 2(a), (b), (e), (f), (h), (h.1), (i), (o), (p) and (q)?

2. Is the proposed development consistent with the Provincial Policy Statement, in accordance with Section 3 of the Planning Act, including but not limited to policies in Sections 1.1.1, 1.1.3.1, 1.1.4, 1.6.6, 1.6.7, 2.1 and 2.3?

3. Do the policies of Section 5.2.1, Decisions on Applications Related to Previous Site-Specific Approvals, of the Provincial Greenbelt Plan, 2017, apply?

4. Do the proposed Zoning By-law Amendment and development conform with the Provincial Greenbelt Plan, 2017, including but not limited to policies in Sections 3, 4 and 5?

5. Do the proposed Zoning By-law Amendment and development conform to the York Region Official Plan, 2010, including but not limited to Chapters 2 and 6?

6. Does the proposed Zoning By-law Amendment conform to the Town’s Official Plan, and in particular, but not limited to, policies 1.3.4, 4.4.1.2.1, 3.4.5, 3.4.7, 3.5, 4.11 and 7.6?

7. Does the proposed development conform with the Lake Simcoe Protection Plan, including but not limited to Policies 4.8 and 6.40?

8. Will the proposed development cause unacceptable adverse impacts upon adjacent lands and other lands in the surrounding area?

9. Are the proposed uses appropriate and is the proposed development compatible with the surrounding area?

10. Will the development standards in the Town’s Zoning By-law and those proposed to be amended through the proposed Zoning By-law Amendment appropriately regulate the proposed form of development on the property? Does the proposed Zoning By-law Amendment appropriately address matters such as identifying and defining all proposed uses, land use compatibility and buffering?

11. Have the use or impacts upon stormwater management, servicing, water supply for firefighting, grading, drainage, groundwater, geotechnical and hydrogeological considerations, noise, lighting, traffic, parking, and internal site circulation been adequately studied and planned to ensure that the proposed development, and all uses permitted in the Zoning By-law, will not result in any unacceptable impacts upon the Town’s services or properties that are proximate to the subject site?

12. If the appeals are allowed by the Tribunal, would it then be appropriate to include conditions of approval and what should those conditions be?

Regional Municipality of York

Planning

1. Does the proposed Zoning By-law Amendment conform to the Greenbelt Plan, 2017, including but not limited to, Sections 4 and 5?

2. Does the proposed Zoning By-law Amendment conform to the York Region Official Plan, 2010, including but not limited to, Chapter 2 (A Sustainable Natural Environment) and Chapter 6 (Agricultural and Rural Areas)?

3. Does the proposed Zoning By-law Amendment conform to the York Region Official Plan, 2022?

Transportation and Engineering

4. Should the Site Plan reflect the requirements of York Region provided by Carl Smith on November 4, 2022, including, but not limited to:

a. The provision of a southbound left turn and northbound right turn lane of Woodbine Ave and Illumination of this intersection;

b. The provision for 36 metre right of way, sufficient to provide a road widening of 18.0 metres from the existing centreline of construction of Woodbine Avenue;

c. The provision of 10mx10m daylight triangle at the proposed site access;

d. The provision of 10mx10m daylight triangle at the southwest corner of the property (intersection of Woodbine Avenue and the existing east-west driveway);

e. The provision for an additional 2 m widening adjacent to the right turn lane, 40m in length, together with a 70m taper for the purpose of a northbound right turn lane; and

f. One access is permitted onto Woodbine Avenue.

ATTACHMENT 4 ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

1. Lai Chun Lee Chu
2. Town of Whitchurch-Stouffville
3. Regional Municipality of York
4. Lai Chun Lee Chu, in reply (if any)

ATTACHMENT 5

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.