A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership v. Toronto (City), 2023 CanLII 53990

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 16, 2023

CASE NO(S).: OLT-22-004804

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

Applicant and Appellant: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of a 25-storey mixed use building

Reference Number: 22 111715 WET 05 OZ

Property Address: 1736-1746 Weston Road

Municipality: Toronto

OLT Case No.: OLT-22-004804

OLT Lead Case No.: OLT-22-004804

OLT Case Name: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership v. Toronto (City)

Heard: March 31, 2023 by Video Conference

APPEARANCES:

Parties	Counsel
A1 Hickory Tree Towers GP Inc. and A1 Hickory Tree Towers Limited	Jason Park, Olivia Rasekhi
City of Toronto	Sarah O’Connor, Ariel Lo-Wong

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MARCH 31, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This decision is the result of the first Case Management Conference (“CMC”) conducted with respect to the appeal by A1 Hickory Tree Towers GP Inc. and A1 Hickory Tree Towers Limited (“Appellant”) pursuant to s. 34(11) of the Planning Act against the failure by the City of Toronto (“City”) to make a decision within the statutory time frames as regarding the Appellant’s Zoning By-Law Amendment (the “ZBA”) Application.

2The Tribunal marked the Affidavit of Service sworn by Christopher J. Drew dated March 2, 2023 as Exhibit 1 for this hearing.

BACKGROUND AND CONTEXT

3The Subject Lands are municipally known as 1736-1746 Weston Road, City of Toronto.

4The effect of the original planning instrument under appeal allowed for the demolition of two low-rise commercial buildings and permit the construction of a new 25-storey mixed-use building with a seven-storey podium containing a total of 253 dwelling units. A revised application was received by the City of February 7, 2023, requesting to permit the construction of a 40-storey mixed-use building with a maximum height of 138.8 metres containing a total of 446 dwelling units.

5The planning instrument seeks to amend the former City of York By-law 1-83, as amended, by Bylaw 3507-97, in order to increase the permitted height and permitted floor space index (“FSI”) and revise other development standards as necessary to reflect the Development Proposal. Additionally, the Site is not governed by the City-Wide By-law 569-2013; however, an amendment to the By-law accompanies the ZBA Application in the event the City wishes to bring the Site into compliance with By-law 569-2013.

6The Subject Lands are located at the south-east corner of Weston Road and Wilby Crescent. The Subject Lands comprise an area of approximately 1,849 square metres in an irregularly shaped parcel. To the east and south-east, the Subject Property abuts a two-storey building which includes medical offices, retail/personal services, and a one-storey commercial structure housing an automotive repair shop.

7The Subject Lands currently contain a one-storey commercial building (1746 Weston Road) and a two-storey building containing a church and retail offices (1736 Weston Road).

PARTY AND PARTICIPANT REQUESTS

8The Tribunal did not receive any Party or Participant requests prior to or during the Hearing.

OPPORTUNITIES FOR RESOLUTION

9The Parties advised the Tribunal that Tribunal-led mediation may be requested. This is not expected to occur until June or July of 2023. The Parties will inform the Tribunal through the Case Coordinator if Tribunal-led mediation will or will not be requested by the end of July 2023.

FINALIZATION OF AN ISSUES LIST AND PROCEDURAL ORDER

10An Issues List (“IL”) and Procedural Order (“PO”) was provided to the Tribunal prior to the hearing event. The Tribunal questioned the Parties about the Procedural Order and if it had been agreed upon by both Parties. The City stated that there might be a few minor changes due to some updated comments from the City Staff. The City stated that the essence of the Issues List and Procedural Order would remain as is. The City was willing to resubmit an updated Issues List with an updated Procedural Order – with consent from the Applicant – which would include all the necessary dates once a Hearing date had been determined by the Tribunal.

11The Tribunal was advised that the City might be giving further instructions pertaining to the appeal following the Council meeting of May 10, 2023 to May 12, 2023. These instructions might cause an updated Issues List and Procedural Order to be submitted for the Hearing. The Tribunal requested that if an updated Issues List and Procedural Order was needed, this would need to be submitted to the Case Coordinator by May 19, 2023.

12The Tribunal was made aware via email on May 18, 2023 that there would not be any changes to the PO and IL. As such, the previously submitted PO and IL will shall govern the upcoming Merits Hearing.

13The Parties and the Tribunal agreed that, for the time being, a future CMC was not warranted.

14The Tribunal retained Hearing dates as requested by both Parties. The Tribunal has set a Hearing of nine (9) days by video to commence at 10 a.m. on February 20, 2024, continuing to March 1, 2024.

15Parties 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:

https://meet.goto.com/348282861

Access Code: 348-282-861

16Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting, or a web application is available: https://app.gotomeeting.com/home.html.

17Persons 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 an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 348-282-861.

18Individuals 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

19THE TRIBUNAL ORDERS that the Procedural Order and Issues List attached shall govern this proceeding.

19The Hearing is scheduled to proceed by video Hearing commencing on Tuesday, February 20, 2024 for a duration of nine (9) days.

20The Member may assist with the ongoing case management of this matter, schedule permitting.

“s. deBoer”

s. deboer

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.

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

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

CASE NO(S).: OLT-22-004804

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

Applicant and Appellant: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of a 25-storey mixed-use residential building

Reference Number: 22 111715 WET 05 OZ

Property Address: 1736-1746 Weston Road

Municipality: Toronto

OLT Case No.: OLT-22-004804

OLT Lead Case No.: OLT-22-004804

OLT Case Name: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership v. Toronto (City)

PROCEDURAL ORDER

The Tribunal orders that:

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The hearing is scheduled to proceed by video as follows:

Date: Tuesday, February 20, 2024 to Friday, March 1, 2024

GoTo Meeting: https://meet.goto.com/348282861

Access Code: 348-282-861

Audio only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889

Audio Only Access Code: 348-282-861 (as above)

3. The parties’ initial estimation for the length of the hearing is 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. The procedural order deadlines are generally found in Attachment “1” to this Order.

4. The parties and participants identified at the Case Management Conference are listed in Attachment “2” to this Order.

5. 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.

6. The order of evidence shall be as set out in Attachment “4” hereto. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

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. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties on or before Friday, October 13, 2023, and in accordance with paragraph 23 below. 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.

10. 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 Thursday, November 30, 2023, and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties on or before Friday, December 8, 2023.

11. Expert witnesses in the same field shall have a meeting on or before Friday, December 15, 2023, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case coordinator on or before Friday, December 22, 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. Copies of this must be provided as in paragraph 14 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.

13. 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 14 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 14 below.

14. On or before Friday, January 12, 2024, 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 23 below.

15. On or before Friday, January 12, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Tuesday, January 16, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday, February 9, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. On or before Friday, February 2, 2024, the parties may provide to all other parties and the OLT case coordinator a written response to any written evidence in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Friday, February 9, 2024.

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, February 13, 2024 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.

23. 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.

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 Member is not seized.

So orders the Tribunal.

ATTACHMENT “1”

SUMMARY OF KEY DATES

Date	Hearing Event
Friday, October 13, 2023	Provision of revised proposal, including all revised plans and drawings (if any) – para. 9
Thursday, November 30, 2023	Exchange of List of Witnesses and the order in which they will be called – para. 10
Friday, December 8, 2023	Notice of Motion (if required) to challenge witness(es) – para. 10
Friday, December 15, 2023	Expert Witness Meeting – para. 11
Friday, December 22, 2023	Filing of Statement(s) of Agreed Facts and Issues – para. 11
Friday, January 12, 2024	Exchange of Witness Statements – para. 14 Delivery of Participant Statements – para. 15
Tuesday, January 16, 2024	Confirmation to Tribunal if all reserved hearing dates are still required – para. 16
Friday, February 2, 2024	Exchange of Reply Evidence/Statements – para. 18
Friday, February 9, 2024	Exchange of Visual Evidence – para. 17 Filing of Joint Document Book – para. 19
Tuesday, February 13, 2024	Notification to Tribunal and Parties if witness not to provide oral evidence – para. 21 Filing of Hearing Plan – para. 22
Tuesday, February 20, 2024	Contested Hearing (if required) – para. 2

ATTACHMENT “2”

PARTIES AND PARTICIPANTS

PARTIES

A1 HICKORY TREE TOWERS GP INC. & A1 HICKORY TREE TOWERS LIMITED PARTNERSHIP Jason Park / Olivia Rasekhi Kagan Shastri DeMelo Winer Park LLP 2302 - 250 Yonge Street Toronto, ON M5B 2L7 T: 416.645.4572 / 416.645.4532 E: jpark@ksllp.ca / orasekhi@ksllp.ca

CITY OF TORONTO Sarah O’Connor / Ariel Lo-Wong Planning & Administrative Tribunal Law 26th fl., 55 John Street Toronto, ON M5V 3C6 T: 416.397.5378 / 416-338-6966 E: Sarah.OConnor@toronto.ca / Ariel.Lo-Wong@toronto.ca

PARTICIPANTS

None.

ATTACHMENT “3”

ISSUES LIST

City of Toronto

Legislation & Policy

Planning Act

1. Does the proposal have regard to matters of provincial interest including:
   1. Having regard to Section 2 of the Planning Act, in particular, subsections (h), (p), and (r)?
2. Does the proposal have appropriate regard for the decision of City Council as required by Section 2.1 of the Planning Act?

Provincial Policy Statement (2020)

3. Is the proposal consistent with the policies of the Provincial Policy Statement, 2020 including, but not limited to: a. 1.1.1 Healthy, Liveable and safe communities; and b. Implementation and Interpretation (4.0), in particular, 4.2 and 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020

4. Do the proposed development and Zoning By-law Amendment conform to and not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) pursuant to Section 3(5) of the Planning Act, including Sections 1.2.1 (Guiding Principles) and 2.2.1. (Managing Growth)?

City of Toronto Official Plan

5. Does the proposed development conform with the policies of the City of Toronto Official Plan, including with respect to: a. Avenues: Reurbanizing Arterial Corridors (2.2.3); b. The Public Realm (3.1.1); c. Built Form (3.1.3); d. Built Form – Building Types – Tall Buildings (3.1.4); and e. Apartment Neighbourhoods (4.2)?

Urban Design Guidelines

6. Does the proposed development meet the intent of the Weston Urban Design Guidelines?

7. Does the proposed development meet the intent of the Tall Building Design Guidelines, with respect to: a. Context Analysis (1.1); b. Fit and Transition in Scale (1.3); c. Sunlight and Sky View (1.4); d. Floor Plate Size and Shape (3.2.1); e. Tower Placement (3.2.2); f. Sidewalk Zone (4.2); g. Pedestrian Level Wind Effects (4.3); and h. Pedestrian Weather Protection (4.4).

Site-Specific Issues

Built Form

8. Does the proposed development fit appropriately within the existing and planned context with regard to proposed building massing, including: a. height, b. setbacks, c. stepbacks, and d. tower floor plate?

9. Does the proposal provide an appropriate transition in scale to the surrounding Neighbourhood land uses and built form?

10. Are the shadow impacts from the proposed development acceptable?

11. Are the pedestrian level wind impacts from the proposed development acceptable?

Tree Planting

12. Does the proposed development provide sufficient soil volumes to support the Toronto Green Standard?

13. Does the proposed development comply with the City's private and public (street) tree planting requirements?

Transportation

14. Does the proposed development include sufficient loading spaces?

15. Does the Zoning By-law Amendment require and permit, as the case may be, the appropriate provision of on-site parking spaces having regard to the minimum and maximum number of parking spaces?

Noise and Vibration

16. Is the proposed development supported by a satisfactory Noise and Vibration Assessment?

Site Servicing

17. Is the proposed development supported by a satisfactory Hydrological Assessment report and Hydrological Review Summary Form that consider quality and quantity of groundwater and foundation drainage from the proposed buildings that may be required to be discharged to the City sewer and comply with the City’s Foundation Drainage Policy and Guidelines (Jan. 1, 2022) and Toronto Municipal Code Chapter 681, Sewers?

18. Is the proposed development supported by a satisfactory Functional Servicing and Stormwater Management Report that demonstrates that the subject site can be adequately serviced by existing City municipal infrastructure and that all capacity and servicing concerns respecting the proposed development are addressed in a manner consistent with the procedures set out by the Province and the City such as: a. Design Criteria for Sewers and Water Mains (January 2021) prepared by the City of Toronto; b. Foundation drainage policy and guidelines (January 1, 2022); c. Sewer Capacity Assessment Guidelines (July 2021); and d. Toronto Municipal Code, Chapter 681, Sewers?

19. If the proposed development cannot be adequately serviced by existing infrastructure, has the appellant demonstrated what upgrades and/or improvements are required to the City’s municipal infrastructure to accommodate the proposed development and addressed payment for, design and construction of, such upgrades and improvements, including providing financial securities, entering into and registering an agreement with the City?

20. Is it appropriate to include a Holding symbol in the Zoning By-law Amendment to secure required municipal infrastructure improvements, and if so, what are the appropriate conditions for lifting the Holding symbol which would be included in the Zoning By-law Amendment?

General

21. Does the proposed development represent principles of good planning and urban design?

22. Is the proposed Zoning By-law Amendment good planning and in the public interest?

Matters to be Completed Prior to Tribunal Order

23. If the proposed development is approved in whole or in part, should the Tribunal Order(s) on the Zoning By-law Amendment be withheld until the Tribunal has received confirmation from the City Solicitor that the following conditions are satisfied: a. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager of Transportation Services; b. The owner has submitted a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. The owner has submitted a revised Hydrological Assessment report and Hydrological Review Summary form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result to of a proposed development and comply with Foundation drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water Services; d. If it is determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, a Holding Provision is included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager of Transportation Services; e. The Noise and Vibration Report has been peer reviewed at the cost of the applicant and the report has been revised to the satisfaction of the Chief Planner and Director, City Planning; f. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. The form and content of the Zoning By-law Amendment is finalized, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

ATTACHMENT “4”

ORDER OF EVIDENCE

1. A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership
2. City of Toronto
3. Reply by A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership (if any)

ATTACHMENT “5”

DEFINITIONS

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.