Broccolini HLS Limited Partnership v. Toronto (City), 2023 CanLII 56717

ISSUE DATE: June 21, 2023

CASE NO.: OLT-22-004193

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

Applicant/Appellant: Broccolini HLS Limited Partnership

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

Purpose: To permit 48-storey and 59-storey mixed use buildings

Property Address: 47-65 Huntley Street, 1-11 Selby Street and 2-18, [20, 22: TBD], 24 and 26 Linden Street

Municipality: City of Toronto

Municipal File No.: 21 227527 STE 13 OZ

OLT Case No.: OLT-22-004193

OLT Lead Case No.: OLT-22-004193

OLT Case Name: Broccolini HLS Limited Partnership v. Toronto (City)

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

Applicant/Appellant: Broccolini HLS Limited Partnership

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

Purpose: To permit 48-storey and 59-storey mixed use buildings

Property Address: 47-65 Huntley Street, 1-11 Selby Street and 2-18, 24 and 26 Linden Street

Municipality: City of Toronto

Municipal File No.: 21 227527 STE 13 OZ

OLT Case No.: OLT-22-004194

OLT Lead Case No.: OLT-22-004193

BEFORE:

D. ARNOLD

MEMBER

Wednesday, the 7th day of June 2023

THESE MATTERS having come before the Tribunal for a case management conference on February 6, 2023;

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

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

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

"Euken Lui"

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal

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

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

SCHEDULE 1

Procedural Order

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

Organization of the Hearing

2. The video hearing will begin on February 6, 2024 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 October 11, 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. 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 30 days following the exchange of expert witness lists on or before November 6, 2023.

10. Expert witnesses in the same field shall have a meeting on or before November 13, 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 November 20, 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 December 4, 2023, 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 22 below or the witness or participant may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.

14. On or before December 4, 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 December 19, 2023 the Parties shall provide to all other Parties any written responses to any written evidence.

16. On or before January 3, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required. A request to release dates may only be made on the consent of all parties.

17. The Parties must inform the Tribunal by no later than May 31, 2023 if the Ontario Heritage Act By-law Appeal affecting some of the subject properties (OLT-22-004784) has been resolved, failing which the Heritage Act By-law Appeal must be scheduled and heard prior to September 30, 2023. If the Heritage Act By-law Appeals has not been heard by September 30, 2023, the hearing dates for the subject appeals may be adjourned or released.

18. On or before January 15, 2024, 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.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before January 29, 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 January 30, 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. 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 September 8, 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.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE EVENT

September 8, 2023 Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

October 11, 2023 Exchange of witness lists (names, disciplines and order to be called)

November 13, 2023 Experts Meeting

November 20, 2023 Agreed Statement of Facts

December 4, 2023 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

December 19, 2023 Exchange of Reply Witness Statements (if any)

January 9, 2024 Parties to advise whether hearing dates required

January 15, 2024 Exchange of visual evidence (if any)

January 29, 2024 Preparation of Joint Document Book

January 30, 2024 Final Work Plan filed with the Tribunal

February 6, 2024 Hearing commences

ATTACHMENT 1

PARTIES/PARTICIPANTS

Parties

1. Broccolini HLS Limited Partnership David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Toronto Sarah O'Connor/Uttra Gautam (416) 397-5378/(416) 396-7986 sarah.oconnor@toronto.ca/uttra.gautam@toronto.ca

3. Toronto Standard Condominium Corporation 2152 Ian Flett (416) 939-6396 iflett@gillespielaw.ca

4. Catherine Berthiaume (647) 865-4865 catherine@berthiaume@yahoo.ca

Participant

1. Bloor Street East Neighbourhood Association (BENA) Linda A. Brett (416) 927-0761 info@blooreast.org

2. Toronto Catholic District School Board (TDSB) Tomasz Oltarzewski (647) 460-8787 tomasz.oltarzewski@tcdsb.org

3. Penny Gyokeres (416) 276-1983 penster53@gmail.com

ATTACHMENT 2

ISSUES LIST

Ontario Land Tribunal

1. Has the Applicant/Appellant properly included 20 Linden Street and 22 Linden Street in its application for an Official Plan Amendment?; and

2. Does the Tribunal have jurisdiction to consider an Official Plan Amendment which includes 20 Linden Street and 22 Linden Street if the original application for that Amendment did not include those properties?

Note: The Tribunal strongly recommends that the above issues be addressed well prior to the commencement of the hearing by written motion(s) pursuant to Rule 10.3 of the Rules of Practice and Procedure

City of Toronto

Provincial Statutory & Policy Requirements

Planning Act

1. Do the proposed development and the Official Plan and Zoning By-law Amendments have regard for the matters of provincial interest set out in Subsections 2 (d), (j), (p) and (r) of the Planning Act?

Provincial Policy Statement

2. Are the proposed development and the Official Plan and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020), as required by Section 3(5)(a) of the Planning Act, including but not limited to Sections 1.2.1c, 1.7.1(e), 2.6.1, 2.6.3 and 4.6?

Growth Plan for the Greater Golden Horseshoe

3. Do the proposed development and the Official Plan and Zoning By-law Amendments conform with, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), as required by Section 3(5)(b) of the Planning Act, including Sections 1.2.1 and 4.2.7.1?

City of Toronto Official Plan

4. Are the proposed development and the Official Plan and Zoning By-law Amendments appropriate and does the proposed development conform with the policies of the City of Toronto Official Plan, with respect to:

a. Structuring Growth in the City (Section 2.2.2(i)) b. Healthy Neighbourhoods (Section 2.3.1, ss 1, 3, 4, 6, ) c. The Public Realm (Section 3.1.1.2, 3.1.1.6, 3.1.1.10, 3.1.1.13-16, 3.1.1.18, 3.1.1.19, 3.1.1.27); d. Built Form (Section 3.1.3); e. Built Form – Building Types (Section 3.1.4.7-12); f. Heritage Conservation (Section 3.1.6) g. Housing (Section 3.2.1); h. Parks and Open Spaces (Section 3.2.3.3); i. The Natural Environment 3.4.1 (d) j. Neighbourhoods (Section 4.1) k. Mixed Use Areas (4.5) l. Implementation (5.3.2.1, Section 5.6)

5. Is the proposed redesignation of the subject lands from Neighbourhoods to Mixed Use Areas appropriate?

City of Toronto Official Plan Amendment 406 – Downtown Plan

6. Do the proposed development and Zoning By-law Amendment conform to the in force City of Toronto Official Plan Amendment 406, including but not limited to sections

a. Goals (3.3, 3.5) b. Directing Growth (Section 4.2) c. Land Use and Economy (Sections 6.19, 6.20, 6.22, 6.25, 6.26, 6.27) d. Parks and Public Realm (Section 7.3, 7.4, 7.13, 7.34-37, 7.40) e. Laneways (Section 8.11) f. Built form (Sections 9.1, 9.3, 9.4, 9.8, 9.9, 9.10, 9.11, 9.12, 9.13, 9.14, 9.15, 9.17, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.26, 9.27, 9.30-34) g. Community Services (10.3) h. Housing (Sections 11.4, 11.5)

Guidelines

7. Does the proposed development have appropriate regard for and maintain the intent and purpose of the Tall Building Design Guidelines (2013) and Downtown Tall Buildings: Vision and Supplementary Design Guidelines (2013)?

8. Does the proposed development have appropriate regard for and meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines (2020)?

Site Specific Issues

Built Form

9. Are building height, base building height, tower stepbacks, tower setbacks, tower separation, tower floorplate, and density appropriate?

10. Does the proposed development provide sufficient space for adequate landscaping and open space on the site?

11. Is the proposed development compatible with its physical context? Does the proposed development fit appropriately within the existing and planned context and area character?

12. Does the proposed tower provide adequate transition in scale to lower-scaled buildings, parks and open space?

13. Have the shadow impacts of the proposed building been adequately limited in consideration of the cumulative net new shadow impacts on St. James Town West Park to the east?

14. Does the proposed development ensure adequate access to, or, as the case may be, limit and minimize the impact on, considerations such as overlook and privacy and loss of skyview and sunlight?

15. Have negative impacts on wind conditions been adequately mitigated?

16. Has it been demonstrated that the placement, height and character of the base buildings as proposed, and the location, shape, general height of the towers as proposed, are compatible with the surrounding area context?

17. Does the proposed development establish appropriate relationships at grade, including provision of an appropriate pedestrian realm, streetscaping, sufficient soil volume/depth to support large canopy trees, and contributions to public space?

Streetscape & Tree Planting

18. Does the proposed site plan present an acceptable streetscape and pedestrian realm, including adequate provision of new tree planting?

19. Does the proposed development comply with the City of Toronto's Private Tree By-law and City Street Tree By-law, and does the proposed development provide sufficient soil volumes to support the proposed trees?

Parks and Open Space

20. Has the parkland dedication requirement been addressed and can it be accommodated while conserving cultural heritage resources?

21. Does the development adequately limit shadows and negative wind impacts on parks and open spaces as necessary to preserve their utility?

Heritage Conservation

22. Does the proposed development and zoning by-law amendment conserve the cultural heritage resources on the site?

Housing

23. Does the proposed development fully replace the existing number, size, and type of rental dwelling units at similar rents for a period of at least 10 years, in accordance with Policy 3.2.1.6 of the Toronto Official Plan?

24. Does the proposed development fully replace the residential gross floor area of the existing dwelling rooms within replacement studio rental units and/or replacement dwelling rooms at similar rents for a period of at least 15 years, in accordance with Policy 3.2.1.11 of the Toronto Official Plan?

25. Has the applicant developed an acceptable tenant relocation and assistance plan that addresses the right of existing tenants to return to occupy one of the replacement rental units and any replacement dwelling rooms at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, in accordance with Policies 3.2.1.6 and 3.2.1.11 of the Toronto Official Plan?

26. Are at least 10% of the net new residential units (non-replacement rental units) 3-bedroom units, at least 15% of the net new residential units 2-bedroom units, and an additional 15% of the net new residential units 2-bedroom or 3-bedroom units, or units that can be converted to 2-bedroom and 3-bedroom units through the use of accessible or adaptable design measures, in accordance with Policy 11.1 of the Downtown Plan?

27. Do the proposed new 2-bedroom and 3-bedroom residential units adequately address the unit size objectives of Guideline 3.0 the Growing Up Guidelines, whereby the ideal unit size is 90 square metres for 2-bedroom units and 106 square metres for 3-bedroom units, with ranges of 87-90 square metres and 100-106 square metres representing a diversity of sizes for such bedroom types while maintaining the integrity of common spaces to ensure their functionality?

Amenity Space

28. Does the proposal make adequate provision for outdoor amenity space?

29. Is the proposed amenity space in an appropriate location and form and meeting the Growing Up Guidelines?

Parking and Access

30. Is the proposed vehicular access and loading adequate and appropriately located?

31. Is the proposed accessible parking appropriately located?

Servicing

32. Is there sufficient municipal infrastructure capacity to service the proposed development with water, sewer and stormwater management facilities? If not, should a Holding (H) symbol pursuant to Section 36 of the Planning Act be included in the amending by-law until such time as the proposed development can be serviced?

Public Interest and Good Planning

33. Does the proposed development, Official Plan and Zoning By-law Amendment represent good planning and urban design, and is approval of the proposal in the public interest?

34. Is the form and content of the Zoning By-law Amendment appropriate?

Implementation/Conditions

35. If the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that:

a) the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b) the owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; c) the owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents; d) the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; e) City Council has approved the Rental Housing Demolition application 21 238874 STE 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision; f) the owner has, at its sole expense: i. submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the properties at 47, 49, 51, 53, 55, 57, 59, 63, 65 Linden Street, 1, 3, 7, 9, 11 Selby Street, and 2, 16, and 18 Linden Street to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and, g) the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to the required parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

Toronto Standard Condominium Corporation 2152

Planning Act

1. Is the Application consistent with the purposes of the Planning Act, in particular, those set out at section 2 (h), (j), (n), (p), (q), (r) and (s)?

Growth Plan

2. Does the Application conform to, and not conflict with, the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (2020 consolidation), and specifically Policy 1.2.1, 1.2.3, 2.2.1, 2.2.4 and 2.2.6?

Official Plan

3. Does the proposed development conform to the City of Toronto Official Plan, namely policies:

a. 2.3.1 (Healthy Neighbourhoods); b. 3.1.1, 3.1.2, 3.2.3, 3.1.3 (Public Realm, Parks and Open Spaces and Built Form); and c. 4.5 (Mixed Use Areas).

Guidelines

4. Does the proposed development achieve the objectives of the Tall Buildings Guidelines?

5. Does the proposed development achieve the objectives of Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines?

Built Form

6. Is the scale, height and massing of the proposed development appropriate at the subject site given both site constraints and the surrounding context?

7. Does the development proposal use setbacks and stepbacks, street wall heights, angular planes and other massing aspects to mitigate adverse impacts on adjacent development, Apartment Neighbourhoods and nearby private and public public open spaces, including sidewalks, schools and parks? If not, is the proposed scale of the development appropriate at the subject site?

8. Does the development proposal provide for the appropriate location of public open spaces and POPS?

Transportation

9. Has the Applicant properly accounted for the most probable non-resident site trip generation, including, but not limited to: daycare PUDO, online commerce delivery, grocery delivery, food delivery, garbage, compost and recycling collection?

10. Has the Applicant properly accounted for the most probable resident generated site traffic including but not limited to: servicing, ride-share, taxis, car share and other pick-up/drop-off activities?

11. Will the traffic generated by the proposed development site cause adverse impacts?

12. Do the proposed parking supply rates undermine the broader planning objectives of intensification along higher order transit infrastructure, encourage the use active transportation and discouraging automobile dependency?

Catherine Berthiaume

1. With reference to the proposed project's signs on the surrounding streets:

a. Did the announced public meeting already take place? If not, when is it schedule? b. What is its ultimate purpose? c. How is it different than a "public consultation"? d. Who will it involve?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Broccolini HLS Limited Partnership
2. City of Toronto
3. Toronto Standard Condominium Corporation 2152
4. Catherine Berthiaume
5. Broccolini HLS Limited Partnership, 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.

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