Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 25, 2023
CASE NO(S).:
OLT-22-002167
OLT-22-002237
(Formerly PL210165)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Queen and Brock Holdings Inc.
Subject:
Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Description:
To permit a 9-storey mixed use building
Property Address:
1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-002167
Legacy Case No.:
PL210165
OLT Lead Case No.:
OLT-22-002167
Legacy Lead Case No.:
PL210165
OLT Case Name:
Queen and Brock Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Queen and Brock Holdings Inc.
Subject:
Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Description:
To permit a 9-storey mixed use building
Property Address:
1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-002170
Legacy Case No.:
PL210166
OLT Lead Case No.:
OLT-22-002167
Legacy Lead Case No.:
PL210165
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant:
Queen and Brock Holdings Inc.
Subject:
Objection to designating by-law 937-2021
Property Address:
1354-1360 Queen Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.: OLT Lead Case No.:
OLT-22-002237 OLT-22-002237
OLT Case Name:
Queen and Brock Holdings Inc. v. Toronto (City)
Heard:
April 28, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Queen and Brock Holdings Inc.
E. Costello
City of Toronto
M. Longo
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON APRIL 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) for the Official Plan Amendment (“OPA”), and Zoning By-law Amendment (“ZBA”) appeals and first CMC for the Ontario Heritage Act (“OHA”) appeal. At this CMC, the matters were heard together.
OPA AND ZBA APPEALS
2Queen and Brock Holdings Inc. (“Appellant”) appealed the failure of the City of Toronto (“City”) to adopt an official plan amendment proposed by the Appellant and to make a decision with respect to the Appellant’s application for a ZBA regarding the properties located at 1354-1360 Queen Street West and 8-14 Brock Avenue (“subject properties”).
OHA APPEAL, PARTIES AND PARTICICPANTS
3The Appellant informed the Tribunal at this CMC that they plan to withdraw their OHA appeals as they were also planning to submit a settlement offer for the OPA and ZBA appeals as well.
4The Tribunal was informed on April 27, 2022 regarding the withdrawal of the OHA appeal and this was confirmed at this CMC.
5The Tribunal accepted this request and the OHA appeal matter was administratively closed on April 28, 2022.
UPDATES AND FUTURE PLANS
6The parties jointly requested that given the discussion on resolving issues for the OPA and ZBA appeals as well as the continuing discussion, they seek that a merit hearing be scheduled for early 2023.
7Based on a review of possible plans of evidence and the number of witnesses, a hearing for a duration of ten (10) days was requested.
8In managing the planned hearing, the Tribunal identified that the Appellant shall submit a draft Procedural Order (“PO”). The City informed that based on the settlement discussions as well as the upcoming schedule for municipal elections, the finalization of issues as well further direction will hinder immediate development and forming consent on the PO for submission to the Tribunal. However, the parties jointly submitted that they commit to cooperate and carry on required steps towards a hearing with standard timelines for appropriate steps e.g., the identification of witnesses, the meeting of experts, witness statements, etc. They assured and requested that a draft PO submission as late as February 1, 2023 will be beneficial without creating any jeopardy for the scheduled hearing.
9The Tribunal Ordered that a hearing was set for ten (10) days commencing at 10 a.m. on Monday, April 3, 2023 and continuing to Wednesday, April 19, 2023. The Tribunal will not sit on April 7, 10 and 17, 2023.
10Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
11Parties 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
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 979-388-733.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
14As promised by the parties, a draft PO was received by the Tribunal on January 19, 2023. The Tribunal has reviewed the draft PO.
15The Tribunal Orders that the approved PO is attached to this decision as Attachment 1.
16This Member is not seized and there will be no further notice.
17This Member can be approached for any case management support.
“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.
ATTACHMENT 1
Procedural Order
Ontario Land Tribunals 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(S).: OLT-22-002167 OLT-22-002237
PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant(s)/Appellant(s):
Queen and Brock Holdings Inc.
Subject:
Application to amend City of Toronto Official Plan - Refusal or neglect of City of Toronto to adopt the requested amendment
Existing Designation:
Mixed Use Area and Neighbourhoods
Proposed Designation:
Mixed Use Area and Neighbourhoods
Purpose:
To permit an 11 storey mixed-use building
Property Address/Description:
1354-1360 Queen Street West & 8-14 Brock Avenue
Municipality:
City of Toronto
Municipal File No.:
20 200379 STE 04 OZ
OLT Case No.:
OLT-22-002167
OLT Lead Case No.:
OLT-22-002167
OLT Case Name:
Queen and Brock Holdings Inc. v. Toronto (City.)
PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant(s)/Appellant(s):
Queen and Brock Holdings Inc.
Subject:
Application to amend City of Toronto Zoning By-law 569-2013 and former city of Toronto Zoning By-Law 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning:
MCR T2.5 C1.0 R2.0 and R4 Z1.0
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit an 11 storey mixed-use building
Property Address/Description:
1354-1360 Queen Street West & 8-14 Brock Avenue
Municipality:
City of Toronto
Municipal File No.:
20 200379 STE 04 OZ
OLT Case No.:
OLT-22-002170
OLT Lead Case No.:
OLT-22-002167
OLT Case Name:
Queen and Brock Holdings Inc. v. Toronto (City.)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant:
Queen and Brock Holdings Inc.
Subject:
Objection to designating By-law 937-2021
Property Address:
1354-1360 Queen Street West
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-22-002237
OLT Lead Case No.:
OLT-22-002237
OLT Case Name:
Queen and Brock Holdings Inc. v. Toronto (City)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on April 3, 2023 at 10:00 a.m.
The length of the hearing will be 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. The procedural order deadlines are generally found in Attachment 1.
The Parties and Participants identified at the case management conference are set out in Attachment 2 to this Order. Unless the Tribunal directs otherwise, a person who wishes to become a party or participant at the hearing who is not listed in Attachment 2 must make the necessary motion to the Tribunal. The Tribunal may refuse to grant such status.
The issues are set out in the Issues List attached as Attachment 3 to this Order. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 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.
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.
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
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 and drawings, to the other Parties one hundred (100) calendar days before the hearing is scheduled to commence (on or before December 23, 2022) unless otherwise agreed to by the parties. If the applicant provides a revised proposal, the parties shall have the right to revise and/or augment the issues list.
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 at least seventy-five (75) calendar days before the hearing is scheduled to commence (on or before January 18, 2023). For expert witnesses, a Party 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 should be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties at least sixty-five (65) calendar days before the hearing is scheduled to commence (on or before January 27, 2023).
Expert witnesses in the same discipline(s) should have at least one meeting before the hearing 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 at least fifty days (50) calendar days before the hearing is scheduled to commence (on or before February 10, 2023), if this meeting takes place and if agreement is reached.
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 Section 15. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the party calling them must file a brief outline of the expert’s evidence, as in Section 15.
A participant must provide to the Tribunal and the Parties a participant statement at least forty-five days (45) calendar days prior to the scheduled commencement of the hearing (on or before February 17, 2023). Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.
At least forty-five days (45) calendar days prior to the scheduled commencement of the hearing (on or before February 17, 2023), the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties and the Tribunal.
At least thirty (30) calendar days prior to the scheduled commencement of the hearing (on or before March 3, 2023), the Parties may provide to all other Parties and file with the City Clerk a written response to any written evidence.
At least twenty (20) calendar days prior to the scheduled commencement of the hearing (on or before March 14, 2023), 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.
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.
The Parties shall cooperate to prepare a Joint Document Book ten (10) days before the hearing is scheduled to commence (on or before March 24, 2023), 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 an accessible electronic format in accordance with Section 21.
At least ten (10) days before the commencement of the hearing (on or before March 24, 2023), with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All 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 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 21 applies regardless if the hearing event is in-person or electronic.
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.
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.
The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.
This Member is not seized.
So orders the Tribunal.
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
December 23, 2022 (100 days prior to the hearing)
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 18, 2023 (75 days prior to hearing)
Exchange of witness lists (names, disciplines and order to be called)
January 27, 2023 (65 days prior to hearing)
Last date to challenge identification of expert witness
February 10, 2023 (50 days prior to hearing)
Experts meeting prior to this date
February 10, 2023 (50 days prior to hearing)
Agreed Statement of Facts
February 17, 2023 (45 days prior to hearing)
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
March 3, 2023 (30 days prior to hearing)
Exchange of response to Witness Statements (if any)
March 14, 2023 (20 days prior to hearing)
Exchange of visual evidence (if any)
March 24, 2023 (10 days prior to hearing)
Final Work Plan filed with the Tribunal
March 24, 2023 (10 days prior to hearing)
Finalize Joint Document Book
April 3, 2023
Hearing commences
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
PARTIES:
Queen and Brock Holdings Inc.
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto ON M5J 2T9
Eileen P.K. Costello
Tel: 416.865.4740
Fax: 416.863.1515
Email: ecostello@airdberlis.com
Meaghan Barrett
Tel: 416.865.3064
Fax: 416.863.1515
Email: mbarrett@airdberlis.com
City of Toronto
City of Toronto Legal Services
55 John Street, 26th Floor, Metro Hall
Toronto, ON M5V 3C6
Matthew Longo
Tel: 416.392.8109
Fax: 416.397.5624
Email: matthew.longo@toronto.ca
PARTICIPANTS:
- West Side Community Council; Sunnyside Historical Society/Parkdale Village Historical Society; David Bragg and Sarah Dougall
ATTACHMENT 3
ISSES 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.
- Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment have appropriate regard for the matters of provincial interests set forth in Section 2 of the Planning Act?
a) 2(h) – orderly development of safe and healthy communities;
b) 2r(i) – appropriate transition to the adjacent house to the south and the commercial buildings along Queen Street West; and
c) 2r(ii) – fit within the existing context of surrounding Queen Street West area.
Would the approval of the proposed development, Official Plan Amendment, and Zoning By-law Amendment have appropriate regard for the decisions of City Council as required by Section 2.1 of the Planning Act?
Are the proposed development, Official Plan Amendment, and Zoning By-law Amendment consistent with the purposes of the Planning Act as set forth in Section 1.1 of the Planning Act?
Provincial Policy Statement (2020)
- Is the proposed development, Official Plan Amendment, and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020), including, but not limited to, Sections 1.1.3 and 4.6?
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)
- Does the proposed development, Official Plan Amendment, and Zoning By-law Amendment conform to, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe, including, but not limited to, Sections 2.2.2.3 and 5.2.5.6?
City of Toronto Official Plan
- Does the proposed development conform to the policies of the City of Toronto Official Plan, including, but not limited to, the following Sections:
a) 2.2.3 Avenues: Reurbanizing Arterial Corridors;
b) 2.3.1 Healthy Neighbourhoods;
c) 3.1.1 The Public Realm;
d) 3.1.2 Built Form;
e) 3.1.3 Built Form- Building Types;
f) 3.2.1 Housing;
g) 3.2.2 Community Services & Facilities;
h) 4.1 Neighbourhoods;
i) 4.5 Mixed Use Areas; and
j) 5.1.1 Height and/or Density Incentives.
- Does the proposed development implement Official Plan Amendment 445 (Site and Area Specific Policy 566)?
Design Guidelines
Does the development have appropriate regard to the applicable City of Toronto Mid-rise Building Performance Standards?
Does the development have appropriate regard to the applicable City of Toronto Townhouse and Low-Rise Apartment Guidelines?
Does the development have appropriate regard for the applicable Growing Up: Planning for Children in New Vertical Communities?
Site Specific Issues
- Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:
a) The existing and planned context; and
b) Appropriate building height, floor plate and building setbacks and step-backs with regard to shadow and sky view impact on the public realm?
Does the proposed development provide for appropriate transition to adjacent areas in terms of height and scale as required in the Official Plan?
Has an appropriate tenant assistant plan for the five impacted tenant households been prepared?
a) New development resulting in the loss of one or more rental units or dwelling rooms shall secure an acceptable tenant relocation and assistance plan to lessen hardship for existing tenants, per Official Plan Policy 3.2.1.12. City Council adopted Policy 3.2.1.12 at its meeting on June 18 and 19, 2019.
Administrative Considerations
- If the proposal is approved, should the Tribunal's Order be withheld until such time as:
a) The draft Official Plan and Zoning By-law have been reviewed and revised until they have a form and content that is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b) A rail safety and noise and vibration study has been provided and peer reviewed, at the cost of the appellant, to the satisfaction of the Chief Planner and Executive Director, City Planning;
c) An updated pedestrian level wind study has been provided to the satisfaction of the Chief Planner and Executive Director, City Planning;
d) The appellant has addressed the outstanding comments identified in the memorandum dated December 21, 2020 from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report that addresses staff's concerns; and
e) The appellant has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report and Hydrogeological Assessment to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Assessment, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.
f) The applicant has withdrawn its appeal of Official Plan Amendment 445 (Parkdale Main Street and West Queen West Site and Area Specific Policy) and associated Zoning By-laws.
g) The applicant has withdrawn its appeal of the Parkdale Main Street Heritage Conservation District Plan.
ATTACHMENT 4
ORDER OF EVIDENCE
- Queen and Brock Holdings Inc.
- City of Toronto
- Queen and Brock Holdings Inc. (in reply, if necessary)
ATTACHMENT 5
MEANING OF TERMS USED IN THE PROCEDURAL ORDER
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. If an unincorporated group wishes to become a party, 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 authorization 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.
Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.
NOTE(only a party may do so). Subsection 33.2 of the Local Planning Appeal 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 may receive notice of a mediation or conference calls on procedural issues. Participants are not permitted to ask for costs, or review of a decision as Parties can.
Written and Visual Evidence:
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.
Witness Statements:
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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include the expert’s (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 for the opinions and (5) a list of reports that the witness will rely on at the hearing.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.
Additional Information
Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.
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.