Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 12, 2023
CASE NO(S).: OLT-22-003842
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2720433 Ontario Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods & Mixed Use Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee
Municipality: City of Toronto
Approval Authority File No.: 21 221282 NNY 08 OZ
OLT Case No.: OLT-22-003842
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited 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: 2720433 Ontario Limited
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: General Commercial (C1) Zone & One-Family Detached Dwelling Sixth Density (R6) Zone
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee
Municipality: City of Toronto
Municipality File No.: 21 243814 NNY 08 SA
OLT Case No.: OLT-22-003843
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited V. Toronto (City)
Heard: January 10, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 2720433 Ontario Limited | David Bronskill and Matthew Lakatos-Hayward |
| City of Toronto | Uttra Gautham and Kasia Czakowski |
| Wenderly Park Community Association | Rocco Fabiano*, Ian Maher*, and Joe Nobegra* |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JANUARY 10, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) regarding appeals by 2720433 Ontario Limited (the “Applicant/Appellant”) from the failure of the City of Toronto (the “City”) to adopt an amendment to the City’s Official Plan (“OPA”), and to make a decision on applications to amend Zoning By-laws Nos. 569-2013 and 7625 (the “ZBAs”) for the combined properties identified as 805 - 813 Glencairn Avenue and 529 – 543 Marlee Avenue (collectively, the “Site”).
2The Site is located within the Yorkdale-Glen Neighbourhood at the southeast corner of Marlee Avenue and Glencairn Road, and comprises an area of approximately 3,062 square metres (“sq m”) with frontages on Glencairn Avenue (72 m) and Marlee Avenue (40 m). The Applicant proposes to develop the Site with a 28-storey mixed use building with ground floor retail and upper floor residential uses. For greater detail on the development being proposed for the Site, the reader is referred to the Ontario Land Tribunal Decision from the first CMC issued on November 28, 2022.
3The Tribunal notes that Fong Di Caterina, who requested and was granted Participant Status at the first CMC, did not attend the current CMC.
4At the first CMC it was indicated to the Tribunal that a draft Procedural Order (“PO”) had been prepared and would be finalized once the scheduling of the hearing date was confirmed.
5The Tribunal now confirms that this matter has been set down for a 10-day hearing beginning on Monday, February 5, 2024 to Friday, February 16, 2024
6Parties 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/927921077
Access code: 927-921-077
7Parties 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
8Persons 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 +1 (647) 497-9391 (647) 497-9373. The access code is as indicated above.
9Individuals 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 CMC 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.
10The Procedural Order was subsequently submitted and is now approved and appended to this Decision. The Tribunal further notes that the Wenderly Park Community Association did not submit an Issues List and accordingly will not be permitted to raise any new issues at the hearing.
11No further notice will be provided.
12This Member is not seized.
“M.A. Sills”
M.A. SILLS VICE-CHAIR
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.
CASE NO(S).: OLT-22-003842
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: 2720433 Ontario Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods & Mixed Use Areas
Proposed Designated: Site Specific (to be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee
Reference Number: 21 221282 NNY 08 OZ
Municipality: City of Toronto
OLT Case No.: OLT-22-003842
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: 2720433 Ontario Limited
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: General Commercial (C1) Zone & One-Family Detached Dwelling Sixth Density (R6) Zone
Proposed Zoning: Site Specific (to be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee
Reference Number: 21 243814 NNY 08 SA
Municipality: City of Toronto
OLT Case No.: OLT-22-003843
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited 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 February 5, 2024 at 10:00 a.m.
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. 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.
The issues are set out in the Issues List attached as Attachment 3. 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 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.
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
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 9, 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. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and must include a copy of the witness’s curriculum vitae and Acknowledgement of Expert’s Duty Form. 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 October 30, 2023.
Expert witnesses in the same field shall have a meeting on or before October 19, 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 co-ordinator on or before October 23, 2023.
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. 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 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 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 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.
On or before December 7, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before December 7, 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.
On or before January 2, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before January 16, 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.
On or before December 22, 2023, the Parties may provide to all other Parties a written response to any written evidence.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 26, 2024.
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 a request to adjourn the hearing.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before _________ (date – at least 7 days prior to the start of the hearing) 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 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. 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 23 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 |
|---|---|
| September 8, 2023 | Applicant to provide revised materials (if any) for hearing |
| October 9, 2023 | Exchange of witness lists (names, disciplines and order to be called) |
| October 30, 2023 | Last date to challenge identification of expert witness |
| October 19, 2023 | Last Date of Experts’ Meetings |
| October 23, 2023 | Agreed Statement of Facts |
| December 7, 2023 | Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements |
| December 22, 2023 | Exchange of Reply Witness Statements (if any) |
| January 16, 2023 | Exchange of visual evidence (if any) |
| January 26, 2024 | Preparation of Joint Document Book |
| January 29, 2024 | Final Hearing Plan filed with the Tribunal |
| February 5, 2024 | Hearing commences |
ATTACHMENT 2
LIST OF PARTIES/PARTICIPANTS
PARTIES
2720433 Ontario Limited David Bronskill, Goodmans LLP dbronskill@goodmans.ca 416.597.4299
City of Toronto Kasia Czajkowski/Uttra Gautam kasia.czajkowski@toronto.ca/uttra.gautam@toronto.ca 416.338.5725/416.396.7986
Wenderly Park Community Association Fabiano Rocco wenderlyparkca@gmail.com 416.543.0545
PARTICIPANTS
- Fong Di Caterina fong_tsang@yahoo.com
ATTACHMENT 3
ISSUES LIST
ISSUES LIST of the CITY of TORONTO1
PROVINCIAL STATUTORY & POLICY REQUIREMENTS
Are the proposed development, the Official Plan Amendment, and the Zoning By-law Amendments, consistent with the purposes of the Planning Act as set out in Section 1.1 of the Planning Act?
Do the proposed development, the Official Plan Amendment, and the Zoning By-law Amendments, have appropriate regard for the matters of provincial interest as set out in subsections 2(f), (h), (j), (p), and (r) of the Planning Act?
Provincial Policy Statement (2020)
- Are the proposed development, the Official Plan Amendment, and the Zoning By-law Amendments, consistent with the Provincial Policy Statement (2020) pursuant to Section 3 of the Planning Act, in particular Policies 1.1.1, 1.1.3.3, 1.1.3.4, 1.3.1., 1.5, 1.7.1, and 4.6?
A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)
- Do the proposed development, the Official Plan Amendment, and the Zoning By-law Amendments, conform to and not conflict with A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020), in particular Policies 2.2.1.4 , 2.2.2.3, 2.2.5.3 and 5.2.5.6?
City Of Toronto Official Plan
- Do the proposed development, the Official Plan Amendment, and Zoning By-law Amendments, conform with the policies of the City of Toronto Official Plan (“the Official Plan”) with respect to Healthy Neighbourhoods and Structuring Growth in the City: Integrating Land Use and Transportation policies (Chapter 2), the Built Environment, Human Environment, Natural Environment, Housing, and Economic Health policies (Chapter 3), Neighbourhoods and Mixed Use Areas policies (Chapter 4), and Implementation Policies (Chapter 5)?
Guidelines
Does the proposed development meet the intent and purpose of the Tall Building Design Guidelines?
Does the proposed development meet the intent and purpose of Growing Up: Planning for Children in New Vertical Communities (2020)?
Does the proposed development meet the intent and purpose of the Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings?
Land Use
Does the Official Plan Amendment to redesignate the Neighbourhoods lands on the site, in order to permit the proposed tall building and mix of uses, represent good planning?
Do the proposed development, Official Plan Amendment, and Zoning By-law Amendments, adequately replace the commercial-retail units that exist on the site, in terms of number of units, unit size and configuration, building design at/near/facing the streetline, in accordance with Official Plan Policies 3.5.3.5 and 3.5.3.6?
Are the proposed live-work units at grade appropriate, and do they represent good planning given the existing and planned context?
Built form and site organization
Are the built form type, height, density, massing, location, placement and scale of the proposed development appropriate, given principles of good planning and urban design, including the following: the relationship of the proposed development to the surrounding planned and existing context, transition in scale to adjacent and nearby Neighbourhoods lands, the public realm, and such further issues as are more particularly set out below?
Does the proposed development fit appropriately within the existing and planned built form context, with regard to its setbacks, stepbacks, tower separation, height, density, angular plane, and other aspects?
Does the proposed development establish appropriate relationships at grade, including setbacks, streetwalls, and the provision of an appropriate pedestrian realm including contributions to streetscaping, public spaces, and private open spaces?
Is the site appropriately organized to minimize impacts within the site, surrounding areas, and the public realm, and to improve the safety and attractiveness thereof including vehicular street access, driveways, ramps, drive aisles, bicycle and vehicle parking, loading, servicing, storage areas, utilities, and related structures?
Does the proposed development ensure comfortable wind conditions in the following: the public realm, adjacent open spaces, and the outdoor amenity spaces of the proposed development and adjacent developments?
Is the proposed development designed to limit shadow impacts on the following: the public realm, surrounding properties, adjacent Neighbourhoods, and outdoor amenity spaces of the proposed development and surrounding properties?
Does the proposed development maximize access to direct sunlight and open views of the sky from the public realm?
Does the proposed development ensure that outdoor amenity spaces of the proposed development and adjacent developments, have access to direct sunlight?
Does the proposed development ensure that privacy within adjacent buildings is protected, including maintenance of adequate privacy in adjacent Neighbourhoods?
Site Specific Issues
- Does the proposed development represent good land use planning and urban design, having regard to matters set out below:
a) preservation of the healthy, private tree near the southeast corner of the site, as noted in Urban Forestry memorandum dated November 24, 2021;
b) provision of appropriate soil volume throughout the site in accordance with Urban Forestry memorandum dated November 24, 2021 and Section EC 1.1 of the Toronto Green Standard;
c) appropriateness of the proposed parkland in terms of size location, and configuration?
d) appropriateness of the proposed public realm, both within the site and on the adjacent street right-of-way?
e) is there appropriate municipal infrastructure to support the proposed development as per the Engineering and Construction Services Memorandum dated January 5, 2022?
Public Interest and Good Planning
- Is the proposed development, Official Plan Amendment, and Zoning By-law Amendments, good planning and in the public interest?
Order if approved
- In the event the proposed development is approved in whole or in part, should the Tribunal's Final Order be withheld until the Tribunal has been advised by the City Solicitor that:
a) the final form of the Official Plan amendment and the Zoning by-law amendments is finalized, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b) if there are any affected rental housing units and/or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;
c) if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;
d) the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template;
e) the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;
f) the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated January 5, 2022 to the satisfaction of the General Manager, Transportation Services; and
g) the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated January 5, 2022 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
ISSUES LIST of the WENDERLY PARK COMMUNITY ASSOCIATION
ATTACHMENT 4
ORDER OF EVIDENCE
- 2720433 Ontario Limited
- City of Toronto
- Wenderly Park Community Association
- 2720433 Ontario Limited, in reply (if any)
ATTACHMENT 5
Meaning of Terms Used in the Procedural Order
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written 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.
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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