Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 31, 2023
CASE NO(S).: OLT-22-004238 OLT-22-003490 (Formerly PL121406)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc.
Subject: Request to amend the Official Plan – Refusal of request
Reference Number: OZS22-002
Property Address/Description: 12 Poole Street
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-22-004238
OLT Lead Case No.: OLT-22-004238
OLT Case Name: Victoria Park Village Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc.
Subject: Application to amend Zoning By-law No. (1995)- 14864 - Refusal or neglect of the City of Guelph to make a decision
Existing Zoning: Residential
Proposed Zoning: Residential Site Specific (To be determined)
Purpose: To permit the development of 503 residential lots
Property Address/Description: 1159 Victoria Road South
Municipality/UT: Guelph/Wellington
Municipality File No.: ZC 1206
OLT Case No.: OLT-22-003490
Legacy Case No.: PL121406
OLT Lead Case No.: OLT-22-003490
Legacy Lead Case No.: PL121406
OLT Case Name: Victoria Park Village Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc.
Subject: Conditions of approval of draft plan of subdivision
Reference Number:: 23T07506
Property Address: 1159 Victoria Road South (1159 Victoria Rd. S.)
OLT Case No.: OLT-22-003491
Legacy Case No.: PL121407
OLT Lead Case No.: OLT-22-003490
Legacy Lead Case No.: PL121406
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc.
Subject: Site Plan
Property Address/Description: 1159 Victoria Road South
Municipality/UT: Guelph/Wellington
Municipal File No.: 23T07506
OLT Case No.: OLT-22-003492
Legacy Case No.: PL130408
OLT Lead Case No.: OLT-22-004390
Lead Legacy Case No.: PL121406
Heard: November 15, 2022 by Video Hearing
APPEARANCES:
Parties Counsel
Victoria Park Village Inc. Russell D. Cheeseman Stephanie Fleming
City of Guelph Peter Pickfield Allison Thornton
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON NOVEMBER 15, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On November 15, 2022, the first Case Management Conference (“CMC”) before the Ontario Land Tribunal (“OLT”) took place in OLT file 22-004238 (“Appeal One”) with respect to an appeal under subsection 22(7) of the Planning Act by Victoria Park Village Inc. (“Appellant/Applicant”) regarding the refusal by the City of Guelph’s Council to adopt the requested Official Plan Amendment (“OPA”). The request pertains to lands known municipally as 12 Poole Street, in the City of Guelph (“Subject Property”), owned by the Appellant/Applicant.
2The purpose of the OPA is to redesignate the Subject Property from the “Low Density Greenfield Residential” land use designation to a “High Density Residential” land use designation with a site-specific policy to allow a maximum net density of 208 units per hectare. The Appellant/Applicant is proposing to develop the Subject Property with 308 four-storey stacked townhouse units and a six to ten storey stepped apartment building containing 185 units, for a total of 493 units and a density of approximately 208 units per hectare (“Proposed Development”).
3A related matter, involving the above-noted Parties, is currently with the OLT, namely OLT file 22-003490, formerly PL121406 (“Appeal Two”). Appeal Two, brought forth by the Appellant/Applicant against the City of Guelph (“City”), is a long-standing matter involving a number of properties, one of which is the Subject Property. Currently, in Appeal Two, the only remaining matter outstanding is implementing the zoning-by-law (“ZBL”) in relation to the Proposed Development.
4The CMC was convened to:
a. Have the Tribunal provide direction on the consolidation of Appeal One and Appeal Two in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure – Consolidation of Proceedings or Hearing Matters Together (“Rule 16”): and
b. Schedule a merit hearing and address procedural issues.
5The Affidavit of Service of Notice of CMC, sworn by Darlene Hornsby on October 19, 2022, is marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
6The Tribunal received no requests for Party or Participant status with respect to this matter. All existing parties are represented in this proceeding as illustrated in the appearances.
CONSOLIDATION OF APPEAL 1 AND APPEAL 2
7The Appellant/Applicant requested that Appeal One, the OPA appeal (Tribunal File No. OLT-22-004238) be consolidated with Appeal Two, the ZBL appeal (Tribunal File No. OLT-22-003490), in keeping with Rule 16. The Appellant/Applicant explained that the portion of the Subject Property subject to Appeal One is referred to as Block 107, and an OPA was required in relation to this particular Block. However, the OPA was refused, which gave rise to Appeal One. As such, Appeal One directly arises in relation to Appeal Two and is intimately connected with it. The City consented to these two appeals being consolidated.
8The Tribunal agrees and Appeal One and Appeal Two are now consolidated in accordance with Rule 16.
PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal did not receive a draft Procedural Order (“PO”) and Issues List (“IL”) prior to the CMC. However, at the CMC, the Parties advised of the relevant issues pertaining to these appeals, such as shadow and servicing issues. Moreover, the Parties advised of the general number of witnesses, and their respective fields of expertise, that they would likely rely on. The Parties further advised that the draft PO and IL would be provided to the Tribunal for review within a few weeks from the CMC.
10On December 9, 2022, the Parties produced an agreed-upon PO and IL, which has been reviewed and accepted by the Tribunal. They are attached as Schedule A to this Order and Decision.
MEDIATION AND SETTLEMENT
11The Tribunal raised the prospect of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that they intended to discuss settlement amongst themselves, and that the PO specifically contemplates discussions among the Parties and experts which may lead to the settlement of some of the issues.
12The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
HEARING DETAILS
13Given the number of parties, the potential number of witnesses, and issues, the Tribunal agreed that a ten (10) day hearing was sufficient. Accordingly, a video hearing will commence at 10:00 a.m. on Monday, August 14, 2023 until Friday, August 25, 2023 for ten (10) days.
14Parties 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.
15The Hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
16Persons 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) 497-9373. The Access Code is as indicated above.
17Parties 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.
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.
OTHER MATTERS
19The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
20The Tribunal Orders as follows:
a. Tribunal file numbers OLT-22-004238 and OLT-22-003490 are hereby consolidated in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure – Consolidation.
b. The Procedural Order and Issues List attached as Schedule A to this Decision shall govern the proceedings.
c. The hearing in this matter will commence on Monday August 14, 2023 at 10:00 a.m., and ten (10) days have been set aside.
21There will be no further notice.
22The Panel Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.
SCHEDULE A
CASE NO(S).: OLT-22-004238; OLT-22-003490
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc.
Subject: Request to amend the Official Plan – Refusal of request
Reference Number: OZS22-002
Property Address/Description: 12 Poole Street
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-22-004238
OLT Lead Case No.: OLT-22-004238
OLT Case Name: Victoria Park Village Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc.
Subject: Application to amend Zoning By-law No. (1995)- 14864 - Refusal or neglect of the City of Guelph to make a decision
Existing Zoning: Residential
Proposed Zoning: Residential Site Specific (To be determined)
Purpose: To permit the development of 503 residential lots
Property Address/Description: 1159 Victoria Road South
Municipality/UT: Guelph/Wellington
Municipality File No.: ZC 1206
OLT Case No.: OLT-22-003490
Legacy Case No.: PL121406
OLT Lead Case No.: OLT-22-003490
Legacy Lead Case No.: PL121406
OLT Case Name: Victoria Park Village Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc.
Subject Conditions of approval of draft plan of subdivision
Reference Number:: 23T07506
Property Address: 1159 Victoria Road South (1159 Victoria Rd. S.)
OLT Case No.: OLT-22-003491
Legacy Case No.: PL121407
OLT Lead Case No.: OLT-22-003490
Legacy Lead Case No.: PL121406
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc.
Subject: Site Plan
Property Address/Description: 1159 Victoria Road South
Municipality/UT: Guelph/Wellington
Municipal File No.: 23T07506
OLT Case No.: OLT-22-003492
Legacy Case No.: PL130408
OLT Lead Case No.: OLT-22-004390
Lead Legacy Case No.: PL121406
The Tribunal orders that:
- 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 hearing will commence on Monday, August 14, 2023, at 10:00 a.m. by video conference.
The length of the hearing will be 10 days. The length of the hearing may be shortened as issues are resolved or settlement is achieved.
The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 3 for the meaning of these terms).
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. 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 Friday February 3, 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.
Expert witnesses in the same field shall have a meeting before the hearing 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 Friday, May 5, 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 in accordance with paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this paragraph is not complied with, 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 in accordance with paragraphs 14 and 23 below.
A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence in accordance with paragraph 14 and 23 below.
On or before June 9, 2023, the parties shall provide copies of their witness and expert witness statements, or in the case of summoned witnesses evidence outlines, to the other parties and to the OLT case co-ordinator in accordance with paragraph 23 below.
On or before June 9, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by July 9, 2023 in accordance with paragraph 23 below.
On or before Friday, July 9, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before July 21, 2023, 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
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday August 4, 2023.
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 August 4, 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 filings shall be submitted electronically. 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.
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.
Summary of Key Dates
Date Event
February 3, 2023 Exchange witness list
Prior to May 5, 2023 Meeting of like experts
May 5, 2023 Exchange Agreed Statement of Facts
June 9, 2023 Exchange of expert witness statements and participant statements
July 9, 2023 (1) Exchange of reply expert witness statements, if any; and (2) Confirmation of required number of hearing days
July 21, 2023 Exchange of visual evidence
August 4, 2023 (1) Filing of Joint Document Book with Tribunal; and (2) Filing of draft Hearing Plan with Tribunal
August 7, 2023 Notify the Tribunal if a witness is not to provide oral evidence
August 14, 2023 Hearing start date
Attachment 1: Parties
Party Representation
City of Guelph Allison Thornton Associate City Solicitor, City of Guelph 1 Carden Street Guelph ON N1H 3A1 T 519-822-1260, x. 2438 E allison.thornton@guelph.ca
Garrod Pickfield LLP 9 Norwich St W Guelph, ON N1H 2G8 Peter Pickfield T 519-837-0500 E pickfield@garrrodpickfield.ca
Victoria Park Village Inc. Russell D. Cheeseman Royal Building, Municipal Law Chambers 211 277 Lakeshore Road E Oakville ON L6J 1H6 T 416-955-9523 E rdcheese@aol.com
Attachment 2: Issues List
The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is phrased, is appropriate or is relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination of the hearing will be a matter of evidence and argument at the hearing.
Does the proposed Official Plan Amendment have regard for matters of Provincial interest as identified in Section 2 of the Planning Act, in particular subsections 2(a), (e), (f), (p) and (r) thereof?
Is the proposed Official Plan Amendment consistent with the 2020 Provincial Policy Statement (“the 2020 PPS”) including in particular the following Policies: 1.1.1(a), (c), and (i); 1.1.2: 1.1.3.2; 1.1.3.3; 1.1.3.7; 1.4.1; 1.4.3; 1.6.6.7; 2.1.1; 2.1.8; and 2.2.1?
Does the proposed redesignation of the subject site from Low Density Greenfield Residential to High Density Residential conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“the Growth Plan”) and, in particular, is the proposed further intensification of the Designated Greenfield Area consistent with the targets and objectives of Policy 2.2.7?
Would allowing the appeals have regard to the decision of Council as required pursuant to section 2.1(1)(a) of the Planning Act?
Does the Application for Official Plan Amendment adequately consider the matters set out in Policy 1.3.14 of the City’s Official Plan, and in particular subsections i), ii), iii), iv), v), vii) and viii) thereof.
Environmental Impacts/Technical Feasibility
- Has the environmental acceptability and feasibility of the proposed development been demonstrated through the following studies/reports:
a. A shadow impact analysis satisfying the intent of the City’s Sun and Shadow Study Terms of Reference;
b. A Functional Servicing Report demonstrating that the approved water balance for the subject site can be met;
c. Sufficient documentation to demonstrate that the requirements of the approved Environmental Impact Study and Environmental Implementation Report for the subdivision can be met with respect to ensuring no negative impact on Torrance Creek and the adjacent provincially significant wetlands.
Proposed Zoning By-law Amendment
Does the proposed site-specific Zoning By-law Amendment conform with the Official Plan including the following Policies: 4.1.2.; 4.2.1; 8.6; 8.8; 8.9; and 9.3.
Is the proposed site-specific Zoning By-law Amendment justified, suitable and appropriate in the context of the City’s Zoning By-law and/or urban design guidelines with respect to height, density, minimum parking, minimum common amenity area, and setbacks?
Attachment 3: 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
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 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 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 he or she 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 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 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, if any, which the participant will refer to at the hearing.
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.
Attachment 4: Order of Evidence
Victoria Park Village Inc.
City of Guelph
Reply – if any – Victoria Park Village Inc.