Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2023
CASE NO(S).: OLT-23-000460
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Official Plan Amendment
Description: To permit development of 41-storey building containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000460
OLT Lead Case No.: OLT-23-000460
OLT Case Name: 1366 Yonge Street Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Zoning Bylaw Amendment
Description: To permit development of 41-storey building containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000461
OLT Lead Case No.: OLT-23-000460
OLT Case Name:
Heard: August 30, 2023 by video hearing
APPEARANCES:
Parties
Counsel
1366 Yonge Street Inc. ("Applicant/Appellant")
D. Bronskill
City of Toronto ("City")
K. Czajowski
1148813 Ontario Inc.
M. Helfand L. Longo (in absentia)
Catholic Cemeteries & Funeral Services Inc..
J. White D. Tang (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S.L. DIONNE AND G.C.P. BISHOP ON AUGUST 30, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This hearing before the Tribunal was the first Case Management Conference ("CMC") with respect to appeals brought by 1366 Yonge Street Inc. ("Appellant") under sections 22(7) and 34(11) of the Planning Act (the "Act") arising from the City of Toronto’s ("City") refusal of the Appellant’s applications for Official Plan and Zoning By-law Amendments to facilitate the proposed re-development of the Property municipally known as 1366 Yonge Street ("Subject Property").
2The Subject Property is located on the northwest corner of Balmoral Avenue and Yonge Street and is currently the site of a four (4) storey commercial building containing retail, service commercial and medical office uses, including medical laboratory and diagnostic facilities.
3The Applications seek to permit a high density development of a 41 storey (135 metre) building comprised of approximately 489 residential dwelling units, along with 870 square metres of commercial space at grade.
4The Tribunal received an Affidavit of Service dated July 25, 2023 confirming that Notice of this CMC was properly given and marked same as Exhibit 1.
REQUESTS FOR STATUS
5The Tribunal received one (1) written request for Party Status in advance of the CMC on behalf of 1148813 Ontario Inc., the owner of lands municipally known as 1376-1388 Yonge Street which abut the Subject Property.
6The Tribunal received four (4) written requests for Participant Status in advance of the CMC from Avoca Vale Residents’ Association, Deer Park Residents’ Group Inc., Dr. Carole Newman; and Ms. Janis Jaffe-White.
7The Parties confirmed to the Tribunal that they did not have any objections to the Status Requests received prior to the CMC. The Tribunal granted the status requests on consent of all Parties.
8An additional request was received at the CMC on behalf of the Catholic Cemeteries & Funeral Services Inc. ("CCFS") in respect of the St. Michael’s Cemetery at 1414 Yonge Street which abuts the Subject Property. Counsel for CCFS advised the Tribunal that they have had some discussions with Counsel for the Appellant and made a request for Conditional Party Status subject to submitting the formal request to the Tribunal forthwith.
9One additional request for Participant Status was made by Joan Hayhoe. The Tribunal also directed Ms. Hayhoe to submit a formal request to the Tribunal.
10The Tribunal confirmed at the onset of the CMC that a Statutory Public Hearing had not been held in respect of the proposed Applications, and the Parties confirmed that they did not have any objections to the Status Requests by Ms. Hayhoe and CCFS.
11The Tribunal granted the requests for Status to CCFS and Ms. Hayhoe on the condition that formal written requests are submitted to the Tribunal forthwith.
12The Tribunal is now in receipt of the formal request for Party Status from the CCFS and Participant Status from Joan Hayhoe and finds these to be in order. The Tribunal grants the requested status.
MEDIATION AND SETTLEMENT
13The Tribunal advised the Parties that there is assistance available by way of Tribunal-led mediation and canvassed the Parties as to whether that may be of some interest to resolve and/or scope issues in this matter. Appellant’s Counsel advised the Tribunal that they have engaged in some discussions amongst the Parties. The Tribunal encouraged them to reach out through the Case Coordinator in the event that there is an interest in pursuing Tribunal-led mediation.
PROCEDURAL ORDER, ISSUES LIST AND HEARING DATE
14The Tribunal received a draft Procedural Order ("PO") and Issues List ("IL") submitted by the Appellant’s Counsel that had been reviewed and commented on by Counsel for each of the City and 1148813 Ontario Inc. in advance of the CMC. The Parties advised the Tribunal that the issues are essentially agreed upon. Counsel for CCFS advised the Tribunal that he did not anticipate that they would have any issues that were not already covered by the City’s issues.
15The Parties were canvassed as to the number of expert witnesses, specifically in the fields of planning and urban design, and perhaps engineering if there are any related technical issues. The consensus was that ten (10) days would be required for a Hearing on the merits of the appeals.
16Accordingly, a Hearing on the merits of the appeals will commence at 10 a.m. on Monday, May 27, 2024 by video hearing for 10 days.
17Parties 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://meet.goto.com/370987861
Access code: 370-987-861
18Parties 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 available: https://app.gotomeeting.com/home.html.
19Persons 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 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
20Individuals 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 video hearing 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.
21The 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.
22The Tribunal has received the revised PO, on consent of all Parties, and it has been reviewed and appended to this decision as Attachment 1.
ORDER
23THE TRIBUNAL ORDERS that:
a. Party Status and Participant Status are granted as set out above.
b. The Merit Hearing is scheduled to commence on Monday, May 27, 2024, at 10 a.m. by video hearing for a period of ten (10) days.
c. The Merit Hearing is governed by the Procedural Order appended as Attachment 1.
24There will be no further notice.
25This Panel is not seized but remains available through the Case Coordinator should the need arise.
"S.L. Dionne"
S.L. DIONNE
MEMBER
"G.C.P. Bishop"
G.C.P. Bishop
Alternate 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.
ATTACHMENT 1
ISSUE DATE: September 21, 2023 CASE NO(S).: OLT-23-000460 & OLT-23-000461
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Official Plan Amendment
Description: To permit development of 41-storey building containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000460
OLT Lead Case No.: OLT-23-000460
OLT Case Name: 1366 Yonge Street Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1366 Yonge Street Inc.
Subject: Zoning Bylaw Amendment
Description: To permit development of 41-storey building containing 489 residential units
Property Address: 1366 Yonge Street
Municipality/UT: Toronto
Municipal File No.: 22 199265 STE 12 OZ
OLT Case No.: OLT-23-000461
OLT Lead Case No.: OLT-23-000460
- 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 May 27, 2024 at 10:00 a.m. Parties 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://meet.goto.com/370987861
Access code: 370-987-861
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 parties and participants are set out in Attachment 1. See Attachment 4 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, and a party who asks for changes may have costs awarded against it.
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.
Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains 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, the expert witness(es)' curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before January 26, 2024. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed 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 of Practice and Procedure and notice of same must be served on the parties on or before February 16, 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, and updated supporting documents and reports to the other parties on or before December 22, 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.
Expert witnesses in the same field shall have at least one meeting before the hearing to try to resolve or reduce issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the Tribunal on or before March 8, 2024.
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. 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 they intend 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 parties at the same time as the delivery of witness statements, as in paragraph 13.
A witness (including any expert witness) or participant must provide to the Tribunal and the parties a witness statement (full disclosure including reports) or participant statement, respectively, on or before March 22, 2024, or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.
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.
On or before April 12, 2024, the parties may provide to all other parties a written response to any written evidence.
On or before April 19, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 7, 2024, the parties shall provide copies of their visual evidence to all of the other parties. The Tribunal and all parties shall be notified if a model will be used, and all parties must have a reasonable opportunity to view it before the scheduled commencement of 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.
On or before May 7, 2024, 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 should 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.
The parties shall prepare a Joint Document Book on or before May 7, 2024, and which, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 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 should it request same. 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, or as may be amended. Paragraph 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 or as permitted in paragraph 10. 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 4.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
SUMMARY OF DATES
DATE
EVENT
December 22, 2023
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 26, 2024
Exchange of witness lists (names, disciplines and order to be called)
February 16, 2024
Last date to challenge identification of expert witness
March 8, 2024
Experts meeting prior to this date
March 8, 2024
Agreed Statement of Facts
March 22, 2024
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
April 12, 2024
Exchange of Reply Witness Statements (if any)
April 19, 2024
Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
May 7, 2024
Exchange of visual evidence (if any)
May 7, 2024
Final Work Plan filed with the Tribunal
May 7, 2024
Finalize Joint Document Book
May 27, 2024
Hearing commences
ATTACHMENT 1 PARTIES/PARTICIPANTS
Parties
1366 Yonge Street Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca
City of Toronto Kasia Czajkowski (416) 338-5725 kasia.czajkowski@toronto.ca
1148813 Ontario Inc. Leo Longo/Matthew Helfand (416) 863-1500 llongo@airdberlis.com/mhelfand@airdberlis.com
Catholic Cemeteries & Funeral Services Inc. David Tang (416) 597-6047 dtang@millerthomson.com
Participants
Avoca Vale Residents’ Association c/o James Stephenson (416) 219-9791 jstephenson@bengaloil.com
Deer Park Residents Group Inc. (416) 624-0734 g.r.nevison@gmail.com
Hayhoe, Joan (416) 816-9485 joanehayhoe@gmail.com
Jaffe-White, Janis (416 )484-6261/(674) 961-1061 jjaffewhite@yahoo.ca
Newman, Caroline (647) 227-3039 newmanc1995@gmail.com
ATTACHMENT 2 ISSUES LIST
City of Toronto
- Do the proposed development, Official Plan Amendment, and Zoning By-law Amendments have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular Section 2(f), 2(h), 2(p), and 2(r)?
Provincial Policy Statement (2020)
- Are the proposed development, Official Plan Amendment, and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020) pursuant to Section 3(5) of the Planning Act, including Sections 1.1.1, 1.1.3, 1.3.1, 1.7.1, and 4.6?
A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)
- Do the proposed development, Official Plan Amendment, and Zoning By-law Amendments conform to and not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) pursuant to Section 3(5) of the Planning Act, including Sections 2.2.1., 2.2.6, and 5.2.5.6?
City of Toronto Official Plan
- Do the proposed development, Official Plan Amendment and Zoning By-law Amendments conform with the policies of the City of Toronto Official Plan with respect to:
a. Healthy Neighbourhoods (2.3.1);
b. Public Realm (3.1.1);
c. Built Form (3.1.3);
d. Built Form – Building Types (3.1.4);
e. Parks and Open Spaces (3.2.3); and
f. Mixed Use Areas (4.5)?
Yonge – St. Clair Secondary Plan
- Do the proposed development, Official Plan Amendment and Zoning By-law Amendments conform with the policies of the Yonge – St. Clair Secondary Plan?
City of Toronto Guidelines
Does the proposed development meet the intent and purpose of the City of Toronto Tall Building Design Guidelines?
Does the proposal adequately support the unit mix and size objectives of the Growing Up Guidelines?
Does the proposal meet the requirements of the Toronto Green Standard?
Site Specific Issues
Is the development's proposed height appropriate?
Does the proposal provide an appropriate fit and transition to surrounding land uses and built forms, including to the low-rise Neighbourhood to the west?
Is the development's proposed massing, including setbacks, stepbacks, scale, separation distances, streetwall height, density, and design appropriate?
Does the development represent over-development of the site?
Are the height and massing of the proposed development responsive to the emerging vision for the Yonge-St. Clair area as emerging in the 2019 Yonge-St. Clair Planning Framework?
Is the proposed development's relationship with the public realm, including the setback from Yonge Street, and resulting streetscape, appropriate?
Are the wind impacts from the proposed development on the public realm and adjacent properties acceptable?
Has the applicant demonstrated that adequate municipal services are in place to support the development, including but not limited to the availability of adequate sanitary sewage capacity and the implementation of appropriate stormwater management measures and groundwater management measures?
Has the applicant demonstrated that adequate vehicle parking and loading are in place to support the development?
Does the proposed development represent principles of good planning and urban design?
Are the Official Plan Amendment and Zoning By-law Amendments good planning and in the public interest?
Implementation
- 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 receives confirmation from the City Solicitor that:
a. The proposed Official Plan Amendment and Zoning By-law Amendments are in a final form and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. The owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrogeological Review Summary, and Groundwater Summary providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. The owner has addressed all comments from Engineering and Construction Services contained in their November 9, 2022 memorandum to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services; and
d. The owner has entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities?
1148813 Ontario Inc.
Is the development contemplated by the proposed Official Plan Amendment and Zoning By-law Amendments ("Proposed Development") consistent with the Provincial Policy Statement, in particular policy 1.1.3.4?
Does the Proposed Development conform with the Growth Plan for the Greater Golden Horseshoe, in particular policies 4(b) and (e)?
Does the Proposed Development have appropriate regard for matters of Provincial interest listed in section 2 of the Planning Act including 2(d), (n), and (r)?
Does the Proposed Development conform with the City of Toronto Official Plan, in particular policies 3.1.3.3, 3.1.3.6, 3.1.3.7, 3.1.3.13(f), 3.1.4.9, 3.1.4.10, 3.1.4.11, 4.5.2(c) and (k)?
Does the Proposed Development conform with the Yonge-St. Clair Secondary Plan, in particular policies 3.1.1, 3.2(b), 5.1(e), 5.7(b)(iv)
Does the Proposed Development have appropriate regard for the Yonge-St. Clair Planning Framework as endorsed by Council on January 29, 2020?
Does the Proposed Development have appropriate regard for the Tall Building Guidelines?
Is the built form of the Proposed Development appropriate in terms of its massing, including setbacks, step backs, and separations distances in respect of the site’s north lot line?
Does the Proposed Development unreasonably limit the development potential of the lands owned by 1148813 Ontario Inc. and known municipally as 1376-1388 Yonge Street?
ATTACHMENT 3 ORDER OF EVIDENCE
1366 Yonge Street Inc.
City of Toronto
1148813 Ontario Inc.
Catholic Cemeteries & Funeral Services Inc.
1366 Yonge Street Inc. in reply (if any)
Attachment 4 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.