Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 14, 2023

CASE NO(S).: OLT-22-004678

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Bayview Cummer Neighbourhood Association Appellant: LiVante Holdings (Cummer) Inc. Subject: Zoning By-law No. 818-2022 to amend Zoning By-law No. 569-2013 Description: To permit a three-storey apartment building containing up to 60 dwelling units Reference Number: 22 109344 NNY 18 OZ Property Address: 175 Cummer Avenue Municipality/UT: City of Toronto OLT Case No.: OLT-22-004678 OLT Lead Case No.: OLT-22-004678 OLT Case Name: Bayview Cummer Neighbourhood Association and LiVante Holdings (Cummer) Inc. v. Toronto (City)

Heard: June 29, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
Bayview Cummer Neighbourhood Association, LiVante Holdings (Cummer) Inc., and Voices of Willowdale Inc.	Eric Gillespie
City of Toronto	Laura Bisset, Marc Hardiejowski

MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON June 29, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) in respect of appeals filed by Bayview Cummer Neighbourhood Association (“BNCA”) and LiVante Holdings (Cummer) Inc. pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the approval of By-law No. 818-2022 by the City of Toronto (“City”), which approved an amendment to the City Zoning By-law No. 569-2013 (the “ZBA”).

2The lands affected by the ZBA are known municipally as 175 Cummer Avenue (the “Subject Lands”). The effect of the ZBA would allow the City to further develop the Subject Lands with a three-storey apartment building containing 60 units.

3The Tribunal received an Affidavit of Service sworn on May 10, 2023, attesting to the giving of notice of these proceedings in accordance with the directions provided by the Tribunal.

4Ms. Bissett provided a brief overview of the proposed development explaining that the City has undertaken a review of City lands, in the context of the City’s Housing TO 2020-2030 Action Plan, to identify appropriate sites for further development of supportive housing and the Subject Lands was identified as one such site. The City approved the ZBA to facilitate a further development of the Subject Lands to provide affordable rental and supportive housing.

CASE MANAGEMENT MATTERS

5The Tribunal received Participant Status requests from the individuals listed in Schedule 1 to this Order. On the consent of the Parties, the Tribunal granted status to the individuals set out in Schedule 1.

6The Tribunal considered a request for Party Status from Mr. Gillespie on behalf of Voices of Willowdale Inc. (“VOW”). Mr. Gillespie advised that the issues of VOW align with those of the BCNA. VOW is a residents group in the Willowdale community and Mr. Gillespie advised that there is an overlap between the BCNA membership and the VOW membership and that they share many of the same concerns with the proposed development.

7Ms. Bisset advised that the City does not oppose granting Party Status to VOW subject to the provisions of Rule 8.3 of the Tribunal’s Rules of Practice and Procedure (the “Rules”) as they apply to non-appellant parties.

8The Tribunal grants Party Status to VOW. The Tribunal notes that VOW is a non-appellant party as described in Rule 8.3 of the Rules and that the provisions of Rule 8.3 will govern VOW’s involvement in these proceedings.

9Mr. Gillespie advised that his clients are open to Tribunal-assisted Mediation and inquired about the timing of the scheduling of a mediation event. He confirmed that the Parties have had some discussions in connection with the identification of the issues surrounding the Appeals and believes that mediation would be beneficial.

10The Tribunal advised that should the Parties wish to pursue Tribunal-assisted Mediation they are to contact the Case Coordinator in this matter, and the Case Coordinator can direct the Parties on the process involved in the mediation process.

11The Parties submitted a draft Procedural Order (“PO”) including an Issues List (“IL”) in advance of the CMC. The Parties advised that they anticipate two days will be required for the hearing of the merits of the Appeals. The City advised that they intend to call an expert in land use planning and Mr. Gillespie advised that he intends to call at least two witnesses, an expert in land use planning and a witness from the social services discipline with a focus on seniors. Mr. Gillespie advised that his clients are considering a third witness, however, a final decision has not been made.

12The Tribunal reviewed the IL which contains one issue:

1. Is the proposal compatible with the existing Willowdale Manor?

13The Tribunal noted that the issue is specific to the Subject Lands as the Willowdale Manor is the existing building on the Subject Lands. In consideration of the witnesses that the Parties intend to call, the Tribunal noted the term compatible can be broadly interpreted. Ms. Bisset noted that the Notices of Appeal filed in respect of this matter specifically identified conformity with the City Official Plan (“OP”) and did not include any issues relating to consistency with the Provincial Policy Statement (2020) (“PPS”) or conformity with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended (2020) (“Growth Plan”) and therefore, it is only the conformity with the OP that is at issue in these proceedings. The Tribunal requested that the issue provide some further context linking the issue to conformity with the OP.

14In consideration of the submissions, the Tribunal scheduled a three-day video hearing for the consideration of the merits of the appeal to commence on Wednesday, November 1, 2023, at 10 a.m.

15Parties 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/709076365

Access code: 709-076-365

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 into an audio-only telephone line: (Toll Free): 1-888-299-1889 or (647) 497-9373. The access code is as indicated above.

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 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.

19The Parties were directed to revise the PO and IL as discussed and the revised PO is attached as Schedule 2 to this Order and shall be in force and effect for governing the proceedings leading up to and including the hearing. The Tribunal notes that the single issue in these proceedings was not revised as discussed and notes that the Notices of Appeal filed in respect of this matter did not identify any consistency issue with the PPS or conformity issue with the Growth Plan. The Notices of Appeal only addressed the OP and the Tribunal expects any evidence proffered by the Parties will be restricted to conformity with the OP.

20Should the Parties determine that the hearing does not require all three days scheduled, the Parties shall notify the Tribunal as soon as possible in advance of the hearing commencement so that any extra day(s) may be released back to the Tribunal’s calendar.

ORDER

21THE TRIBUNAL ORDERS THAT the individuals identified on Schedule 1 to this Order are granted Participant Status in these proceedings.

22AND THAT Voices of Willowdale Inc. is granted Party Status in these proceedings.

23AND THAT the hearing of the merits of the appeals is scheduled for three-days commencing on Wednesday, November 1, 2023, at 10 a.m. by video as set out in the details in paragraphs [15] to [18] inclusive.

24AND THAT the Procedural Order attached as Schedule 2 to this Order shall be in force and effect for the purposes of governing the required procedure leading up to and including the hearing.

“David Brown”

DAVID BROWN MEMBER

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

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

SCHEDULE 1

PARTICIPANTS LIST

1. Trity Baghi
2. Anil Bathia
3. Alan Brannen
4. Anne Brooke
5. Lisa Caparelli
6. Betty Chak
7. Stephen Chan
8. Daniel Lee
9. Philip Leung
10. Wendy Li
11. Vincent Mak
12. Natasha Mansouri
13. John Melinte
14. Elizabeth Nyburg
15. Gita Patel
16. Sapna Patel
17. Cassandra Ryan
18. Rob Sethi
19. Valentina Shestopaloff
20. Junyan Shi
21. Steve Xu
22. James Yuan
23. Lingling Zou
24. Albrecht Schall
25. Kate Chung
26. Lily Cheng
27. Cy Goh
28. Jeff Horodyski
29. John Zhu
30. Nathan Gomez

Ontario Land Tribunal Tribunal ontarien de l'aménagement du territoire

SCHEDULE 2

CASE NO. OLT-22-004678

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Bayview Cummer Neighbourhood Association Appellant: LiVante Holdings (Cummer) Inc. Subject: Zoning By-law 818-2022 to amend Zoning By-law 569-2013 Description: To permit a three-storey apartment building containing up to 60 dwelling units Reference Number: 22 109344 NNY 18 OZ Property Address: 175 Cummer Avenue Municipality/UT: City of Toronto OLT Case No.: OLT-22-004678 OLT Case Lead No.: OLT-22-004678 OLT Case Name: Bayview Cummer Neighbourhood Association and LiVante Holdings (Cummer) Inc. v. Toronto (city)

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 November 1st, 2023 at 10:00 a.m. via video conference:

https://global.gotomeeting.com/join/709076365

3. The length of the hearing will be about 3 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.

4. The Parties 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. The Parties will attempt to the resolve the remaining appeal and associated issues. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. 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 consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. 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.

8. If the hearing is to proceed electronically, 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

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, curriculum vitae, and the order in which they will likely be called. This list must be delivered on or before July 24, 2023 [100 days before first day of the hearing]. For expert witnesses, a party is to include the area of expertise in which the witness is proposed to be qualified. Any challenges to the 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 August 8, 2023 [85 days before the hearing is scheduled to commence].

10. Expert witnesses in the same discipline(s) should have at least one meeting no later than August 18, 2023 [75 days before the hearing is scheduled to commence] to try to resolve or reduce the issues for the hearing. The experts should 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 in accordance with the dates in Attachment 1, if this meeting takes place and if agreement is reached.

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 Section 14. 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 time as the delivery of expert witness statements, as in Section 14. 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 Section 14. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in Section 13 below.

13. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before September 18, 2023 [45 calendar days prior to the scheduled commencement of the hearing] or the witness 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. By September 18, 2023 [45 calendar days prior to the scheduled commencement of the hearing], the Parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other Parties and to the Tribunal, including an executed Acknowledgement of Expert's Duty.

15. By September 22, 2023 [at least forty (40) calendar days prior to the scheduled commencement of the hearing], 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.

16. By October 2, 2023 [at least 30 calendar days prior to the scheduled commencement of the hearing], the Parties may provide to all other Parties and file with the Tribunal a written response to any written evidence.

17. By October 2, 2023 [at least 30 calendar days prior to the scheduled commencement of the hearing], the Parties shall provide copies of their visual evidence to all of the other Parties and the Tribunal. The Tribunal and all Parties shall be notified if a model will be used, in which case all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. The Parties shall prepare a Joint Document Book on or before October 12, 2023 [20 days before the hearing is scheduled to commence], 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 an accessible electronic format in accordance with Section 22.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal (see Rule 10 of the Tribunal's Rules, which requires that the moving party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion).

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

21. On or before October 12, 2023 [20 days before the hearing is scheduled to commence], 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 will 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. 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 22 applies regardless if the hearing event is in-person or electronic.

23. 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.

24. 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
July 24, 2023 (100 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
August 8, 2023 (85 days prior to hearing)	Last date to challenge identification of expert witness
August 18, 2023 (75 days prior to hearing)	Experts meeting prior to this date
September 18, 2023 (45 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
September 22, 2023 (40 days prior to hearing)	Advising Tribunal whether any hearing dates can be released from the Tribunal's calendar
October 2, 2023 (30 days prior to hearing)	Exchange of Reply Witness Statements (if any)
October 2, 2023 (30 days prior to hearing)	Exchange of visual evidence (if any)
October 12, 2023 (20 days prior to hearing)	Final Work Plan filed with the Tribunal
October 12, 2023 (20 days prior to hearing)	Finalize Joint Document Book
November 1, 2023	Hearing commences

ATTACHMENT 2

LIST OF PARTIES, APPELANTS AND PARTICIPANTS

A. Parties

1. City of Toronto Counsel/Agent: City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 Laura K. Bisset laura.bisset@toronto.ca 416.392.8782 Marc Hardiejowski marc.hardiejowski@toronto.ca 416.392.4960

2. LiVante Holdings (Cummer) Inc. Bayview Cummer Neighbourhood Association Counsel/Agent: Eric K. Gillespie Professional Corporation 160 John Street, Suite 300 Toronto, ON M5V 2E5 Eric Gillespie egillespie@gillespielaw.ca 416.703.4047 Ian Flett iflett@gillespielaw.ca 416.703.7034

3. Voices of Willowdale Inc. (Non-appellant Party) Counsel/Agent: Eric K. Gillespie Professional Corporation 160 John Street, Suite 300 Toronto, ON M5V 2E5 Eric Gillespie egillespie@gillespielaw.ca 416.703.4047 Ian Flett iflett@gillespielaw.ca 416.703.7034

B. Participants

1. Trity Baghi tel: 647.216.8435 email: trity.baghi@gmail.com

2. Anil Bhatia tel: 416.918.4779 email: akbhatia@gmail.com

3. Alan Brannen tel: 416.221.1322 email: g6alan6@gmail.com

4. Anne Brooke email: abrooke0@gmail.com

5. Lisa Caparelli tel: 416.706.5570 email: zavacapa@gmail.com

6. Betty Chak tel: 647.763.6793 email: chakbet@gmail.com

7. Stephen Chan tel: 416.230.8896 email: chan.stephen@rogers.com

8. Lily Cheng tel: 416.392.0212 email: councillor_cheng@toronto.ca

9. Kate Chung Email: katechung17@gmail.com

10. Cy Goh tel: 416.939.9278 email: cygoh0318@gmail.com

11. Jeff Horodyski tel: 416.733.0210 email: jeff.horodyski@rogers.com

12. Daniel Lee tel: 416.845.3043 email: dlee152@hotmail.com

13. Philip Leung tel: 416.225.7197 email: philiptt_leung@yahoo.com

14. Wendy Li tel: 416.226.6866 email: wendy.wy.li@gmail.com

15. Vincent Mak Tel: 647.281.1248 Email: vincent_mak@hotmail.com

16. Natasha Mansouri tel: 416.512.7250 email: natasha.mansouri.100@gmail.com

17. John Melinte tel: 416.522.4115 email: john.gmelinte@gmail.com

18. Elizabeth Nyburg tel: 416.705.6244 email: ehnyburg@gmail.com

19. Gita Patel tel: 416.836.1622 email: gita.patel51@hotmail.com

20. Sapna Patel tel: 437.776.0929 email: sapandthecity@gmail.com

21. Cassandra Ryan tel: 647.210.1201 email: cassandra.ryan@rocketmail.com

22. Albrecht Schall tel: 647.207.5026 email: awschall@gmail.com

23. Rob Sethi tel: 416.221.2126 email: rob.sethi@gmail.com

24. Valentina Shestopaloff 416.226.6354 email: valentinash2004@gmail.com

25. Junyan Shi email: junyanshi@hotmail.com

26. Steve Xu tel: 416.407.7361 email: ystevex@hotmail.com

27. James Yuan tel: 647.678.5805 email: zyuann@rogers.com

28. Lingling Zhou tel: 416.318.4379 email: amethystzou@hotmail.com

29. John Zhu tel: 416.540.6724 email: zhuyongtoronto@gmail.com

30. Nathan Gomes Tel: 647.298.5708 Email: Nathan.gomes@rogers.com

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.

1. Is the proposal compatible with the existing Willowdale Manor?

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. City of Toronto
2. Appellants
3. Reply by City of Toronto

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

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, must ask the Tribunal to permit this.

Participant is an individual, group 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). 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 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 and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 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 wishes to address and the submission of the Participant on those issues; and a list of reports, if any, which the Participant wishes to refer to in their statement.

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.