Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 18, 2023
CASE NO(S).: OLT-22-004261
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,c. P.13, as amended
Applicant and Appellant: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235229 NNY 08 OZ
OLT Case No.: OLT-22-004261
OLT Lead Case No.: OLT-22-004261
OLT Case Name: Lindvest (Dufferin) Developments Limited et al. 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: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235229 NNY 08 OZ
OLT Case No.: OLT-22-004262
OLT Lead Case No.: OLT-22-004261
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R. S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Proposed Plan of Subdivision – Failure to make a decision
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235231 NNY 08 SB
OLT Case No.: OLT-22-004263
OLT Lead Case No.: OLT-22-004261
Heard: April 3, 2023 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Alexander J. Suriano
City of Toronto
Colin Dougherty
Duffli Limited and Li III Ltd.
David Bronskill
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON APRIL 3, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited (the “Applicants/Appellants”) following City of Toronto Council’s failure to render a decision respecting applications for Official Plan Amendment , Zoning By-law Amendment and Draft Plan of Subdivision (together the “Applications”) of 2402-2418 Dufferin Street and 4-10 Ramsden Road (“Subject Lands”).
2The Subject Lands are comprised of ten lots total currently containing a mix of commercial and residential units and are located at the northwest corner of Dufferin Street and Ramsden Road.
3The proposed development would facilitate the development of a 24-storey mixed-use building and a 9-storey apartment building, totalling 405 residential units and 883 square metre non-residential gross floor area as well as a 0.05 hectare public park.
Requests for Status
4Duffli Limited and Li III Ltd. (“Duffli”) requested party status on December 2, 2022. Duffli has an interest due to owning property adjacent to the Subject Lands. Counsel for the Duffli informed the Tribunal that they did not oppose the process, simply they wished to monitor the matter due to their property’s proximity to the Subject Lands. Duffli was granted Party status on consent of parties.
STATUS UPDATE
5Counsel for the City informed the Tribunal that they have received instruction from City Council as of February 2, 2023. This has allowed parties to move forward on drafting of the Procedural Order and Issues List and have circulated among parties, including Duffli.
6On consent of all parties, a ten (10) day hearing was requested.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal received a draft Procedural Order from the parties. The Tribunal finds it acceptable and the proceedings shall be governed by it (see Schedule 1).
HEARING
8The Tribunal set a ten (10)-day hearing commencing on Monday, April 15, 2024 at 10 a.m. by VH. No further Notice is required for the hearing.
9Parties and participants are asked to log into the VH 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
10Parties 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.
11Persons 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. The Access Code is as indicated above.
12Individuals 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 VH 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.
ORDER
13The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Schedule 1 shall govern the proceedings;
Duffli Limited and Li III Ltd. is granted Party status; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“S. Mann”
S. MANN
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
ISSUE DATE: September 18, 2023 CASE NO(S).: OLT-22-004261; OLT-22-004262
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235229 NNY 08 OZ
OLT Case No.: OLT-22-004261
OLT Lead Case No.: OLT-22-004261
OLT Case Name: Lindvest (Dufferin) Developments Limited et. al. 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: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Application to amend Zoning By-law – Refusal or neglect to make a decision
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235229 NNY 08 OZ
OLT Case No.: OLT-22-004262
OLT Lead Case No.: OLT-22-004261
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject: Proposed Plan of Subdivision – Failure to make a decision
Purpose: To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address: 2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality: City of Toronto
Municipal File No.: 21 235231 NNY 08 SB
OLT Case No.: OLT-22-004263
OLT Lead Case No.: OLT-22-004261
- 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 April 15, 2024 at 10 a.m a.m. at
https://global.gotomeeting.com/join/927921077 .
The parties’ initial estimation for the length of the hearing is 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 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 December 18, 2023 (120 days prior to the start of the hearing) 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.
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.
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.
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 and drawings, to the other Parties on or before November 17, 2023 (90 days before witness statements become due). 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.
On or before February 15, 2024 (60 days prior to the start of the hearing), 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 February 15, 2024 (60 days prior to the start of the hearing) 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 March 11, 2024 (35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before March 18, 2024 (30 days prior to the start of the hearing) 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 26, 2024 (20 days prior to the start 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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 5, 2024 (10 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.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1: Summary of Dates
DATE
EVENT
December 18, 2023
(120 days prior to hearing)
Exchange of witness lists
(Names, disciplines and order to be called)
November 17, 2023
(90 days prior to witness statements)
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
February 15, 2024
(60 days before hearing)
Exchange of witness statements and expert witness statements; and
Exchange of participant statements
February 26, 2024
(50 days before hearing, 10 days after written evidence is exchanged)
Exchange of reply witness statements
March 11, 2024
(35 days prior to hearing)
Confirm with Tribunal if all reserved hearings dates are required
March 18, 2024
(30 days prior to hearing)
Exchange of visual evidence, if any
March 26, 2024
(20 days prior to hearing)
File joint document book with Tribunal
April 5, 2024
(10 days prior to hearing)
File hearing plan with Tribunal
April 15 – 26, 2024
Hearing commences (10 days)
Attachment 2: List of Parties and Participants
Parties:
Lindvest (Dufferin) Developments Limited, 2796661 Ontario Inc., and 2404 Dufferin Holdings Limited
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto ON M5J 2T9
Sidonia J. Tomasella
Tel: 416.865.7763
Fax: 416.863.1515
Email: stomasella@airdberlis.com
Alexander J. Suriano
Tel: 437.880.6108
Fax: 416.863.1515
Email: asuriano@airdberlis.com
City of Toronto
Legal Services Metro Hall 55 John Street Station 1260, 26th Floor Toronto, ON M5V 3C6
Jessica Braun Tel: 416.392.4827 Fax: 416.397.5624 Email: Jessica.Braun@toronto.ca
Colin Dougherty Tel: 416.392.3116 Fax: 416.397.5624 Email: Colin.Dougherty@toronto.ca
Duffli Limited and Li III Ltd.
Goodmans LLP
333 Bay Street
Toronto ON M5H 2S7
David Bronskill
Tel: 416.597.4299
Email: dbronskill@goodmans.ca
Participants:
Dufferin Eglinton Community Group Inc.
Bruno Picillo (Representative)
White Bell Investments Ltd. and Duffmits Holdings Inc.
David Riley (Representative)
Attachment 3: Issues Lists
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. 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 OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.
ISSUES LIST OF THE CITY OF TORONTO
Issue 1: Does the proposed development including its Official Plan and Zoning By- law Amendments have regard for matters of provincial interest including, but not limited to Section 2 and Section 2.1 (1) and (2) of Planning Act?
Provincial Policy Statement
Issue 2: Is the proposed development including its Official Plan and Zoning By-law Amendments consistent with the Provincial Policy Statement (2020) pursuant to Section 3 of the Planning Act, including, but not limited to 1.1.1 (healthy, liveable and safe communities), 1.1.3.3 (appropriate locations for growth), and 1.1.3.4 (appropriate development standards) and 4.6 (Implementation and Interpretation)?
Growth Plan for the Greater Golden Horseshoe
Issue 3: Does the proposed development including its Official Plan and Zoning By- law Amendments conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), including, but not limited to Section 1.2.1 (Guiding Principles), Section 2.2.1.4, Section 3.2.1, Section 4.2.10 (Climate Change) and 5.0 (Implementation and Interpretation)?
City of Toronto Official Plan
Issue 4: Does the proposed development including its Official Plan and Zoning By-law Amendments conform with policies of the City of Toronto's Official Plan including, but not limited to, 2.2 (Structuring Growth in the City) 2.4 (Transportation) 3.1.1 (The Public Realm), 3.1.3 (Built Form), 3.1.4 (Built Form – Building Types), 3.2.1 (Housing 3.5.1 (Creating a Strong and Diverse Civic Economy) 4.5 (Mixed Use Areas), 4.1 (Neighbourhoods) and 5 (Implementation)?
Site and Area Specific Policies 476 & 477
Issue 5: Does the proposed development conform with Site and Area Specific Policies 476 & 477?
Guidelines
Issue 6: Does the proposed development have appropriate regard for the Growing Up Urban Design Guidelines, Pet Friendly Design Guidelines, Tall Building Design Guidelines, Mid-Rise Buildings Performance Standards and Addendum, and Toronto Retail Manual?
Context and Built Form
Issue 7: Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:
a) The overall fit of the proposed development within its existing and planned context;
b) Built form including the building types, setbacks, stepbacks, building height, streetwall heights, and number of storeys;
c) relationship of the proposed development with the public realm, and the impact of wind and shadowing on the proposed park, public streets and outdoor amenity spaces;
d) Proposed streetscape on Dufferin Street and Ramsden Road; and
e) Proximity to the emerging higher order transit services as part of a Major Transit Station Area?
Trees
Issue 8: a) Has the applicant provided a satisfactory Public Utilities Plan to Quality Level A, including section details, demonstrating whether there is no conflict between soil infrastructure and the underground utilities?
Parkland
Issue 9: a) Has a parkland dedication of an appropriate size, location and configuration been proposed under Section 42 of the Planning Act?
Laneway, Corner Roundings and Road Widenings
Issue 10 a) Is the proposed configuration of the public laneway extension in conformity with the Official Plan including SASP 476?
b) Have the appropriate corner roundings and road widenings been provided to support the proposed development, in conformity with the City's Official Plan?
Conditions of Approval
Issue 11: In the event that the proposed development is approved in whole or in part, what conditions would be appropriate, and should the OLT's Order be withheld until the City Solicitor has indicated that the following conditions have been satisfied:
a) The final form and content of the draft Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b) The owner has addressed all outstanding issues related to the Official Plan and Zoning By-law Amendment application within the Engineering and Construction Services memos, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and other issues in comments from City staff in other divisions, and external commenting agencies, to the satisfaction of the City and external commenting agencies;
c) The owner has submitted an updated Urban Transportation Considerations Report to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;
d) The owner has submitted a revised Travel Demand Management (TDM) Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required;
e) The owner has provided a revised Functional Servicing and Stormwater Management Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
f) The owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering & Construction Services for Work on the City's Right-of-Way;
g) The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10; and
h) The owner has addressed any issues resulting from the City's peer review of the Noise and Vibration Impact Study prepared in support of the application by Rowan Williams Davies and Irwin (RWDI) Inc., dated December 5, 2022, to the satisfaction of the Chief Planner and Executive Director, City Planning.
Attachment 4: Order of Evidence
Lindvest (Dufferin) Developments Limited, 2796661 Ontario Inc., and 2404 Dufferin Holdings Limited
City of Toronto
Lindvest (Dufferin) Developments Limited, 2796661 Ontario Inc., and 2404 Dufferin Holdings Limited (in reply, if necessary)
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 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.
52529481.5
52529481.6