Ferragine v. Simcoe (County), 2023 CanLII 92351

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 04, 2023

CASE NO(S).: OLT-22-004732

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine

Applicant: Ahmadiyya Muslim Jama’at Canada

Subject: Proposed Official Plan Amendment

Description: To re-designate the lands to permit a cemetery and accessory uses

Reference Number: BWG-OPA-22032

Property Address: 3999 10 Sideroad

Municipality/UT: Town of Bradford West Gwillimbury/County of Simcoe

OLT Case No.: OLT-23-000246

OLT Lead Case No.: OLT-22-004732

OLT Case Name: Ferragine v. Simcoe (County)

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

Appellant: Len Ferragine

Subject: By-law No. 2022-97

Description: To re-designate the subject property to permit a cemetery and accessory uses

Reference Number: D14-20-02

Property Address: 3999 10 Sideroad

Municipality: Town of Bradford West Gwillimbury

OLT Case No.: OLT-22-004732

OLT Lead Case No.: OLT-22-004732

OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)

Heard: August 1, 2023 by video hearing

APPEARANCES:

Parties	Counsel
Len Ferragine	Isaac Tang
Ahmadiya Muslim Jama’t Canada	Aaron Platt
Town of Bradford West Gwillimbury	Leo Longo
County of Simcoe	Marshall Green
Doris Becher Nienhaus	David White

MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. Bishop and S. MANN ON august 1, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) respecting an appeal by Len Ferragine (the “Appellant”) following Town of Bradford West Gwillimbury’s (“Town”) passing of By-law No. 22022-97 (the “ZBA”) with respect to Ahmadiya Muslim Jama’t Canada’s (“AMJC”) property 3999 10 Sideroad (“subject property”). The application seeks to zone the subject lands to Rural Zone permitting a range of uses including cemeteries and places of worship.

2This is also the first CMC on an appeal following the adoption of Official Plan Amendment No. 22032 (“OPA”), by the County of Simcoe (“County”) involving the subject property to accommodate the same uses contemplated in the appealed By-law in this case.

3There was no issue with service of the Notice of the first CMC on the OPA appeal, therefore the Tribunal has marked the Affidavit of Service as Exhibit 2.

PROVISIONAL STATUS FOR PARTICIPANT

4The Tribunal received a request for Participant Status from Diana Chubb but she was not at this CMC. Her Participant Status form did not include any information on where she lived but did include the reason for her request. The Tribunal granted provisional status pending an update to her request form and a determination on whether to grant status will occur at the next CMC.

PROCEDURAL ORDER AND ISSUES LIST

5A draft Procedural Order (“PO”) and Issues List (“lL”) was provided to all Parties and the Tribunal. The IL, supplied by counsel for the Appellant, is on consent of all Parties as well. Mr. Len Ferragine is the Appellant in this case and the added Party, Doris Becher Nienhaus, in accordance with Rule 8.3 of the Tribunal’s Rules of Practise and Procedure, is sheltering under this appeal.

6Both the Town and the County, although supportive of AMJC’s case, will not play an active role in the hearing but asked to be included in the Order of Evidence list, in case there are subpoenas for witnesses from the Town or County that may require their limited participation.

7The Tribunal received an updated PO from the Parties after this CMC and the Tribunal finds it to be in order. Except for settling the question of consent to add Ms. Chubb as a Participant, the PO appended as Attachment 1 to this decision, will govern these proceedings.

CMC AND MERIT HEARING

8Upon request of the Parties, the Tribunal scheduled a further CMC by video commencing on Wednesday, November 29, 2023, at 10 a.m. No further Notice is required for the CMC.

9Upon request of the Parties, the Tribunal scheduled a 17 day Merit hearing to commence on Tuesday, April 9, 2024, at 10 a.m. to Friday, May 3, 2024. No further Notice is required for the hearing. The Tribunal will not sit on Tuesday nor Wednesday, April 23 and 24, 2024 placing the last scheduled hearing day on Friday, May 3, 2024.

10The CMC and Merit hearings are scheduled to proceed by video as follows:

Wednesday, November 29, 2023, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only telephone line: (Toll Free) 1-888-299-1889 or (647) 497-9373 Audio-only access code: 660-145-013 [insert] Tuesday, April 9, 2024, at 10 a.m. to Friday, May 3, 2024 GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only telephone line: (Toll Free) 1-888-299-1889 or (647) 497-9373 Audio-only access code: 348-282-861

11Parties 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.

12Parties 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

13Persons 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.

14Individuals 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.

CONSOLIDATION OF MATTERS

15At the first CMC, the appeal of the OPA had been received by the Tribunal and assigned file number OLT-23-000246 but it was the wish of all Parties that proper Notice would be given to align with this second CMC on the ZBA appeal so that the two appeals could be consolidated. On consent of the Parties the Tribunal agrees and approves the consolidation of the ZBA and OPA appeals.

16Also, at the first CMC, the Tribunal was made aware of a previous appeal, by AMJC sometime around 2012, against the County’s adoption of a comprehensive update to their Official Plan. The Tribunal consolidated this appeal at the first CMC only for the purpose of having this old appeal withdrawn. The Tribunal queried the Parties as to the status of this file simply because a withdrawal of this appeal does not require consolidation to submit confirmation to the Tribunal of said withdrawal. This sparked some debate between counsel for AMJC and the County and a disagreement as to the intent for consolidation.

17Mr. Aaron Platt stated that he was not original counsel on this file and requires time to review the old file. Mr. Marshall Green wished to reserve the County’s right to bring a motion, in accordance with the Tribunal’s rules, in advance of the next scheduled CMC to deal with the matter, if the Parties cannot come to a consensus. The whole purpose, at the first CMC, to consolidate the old comprehensive OPA file was to simply withdraw the appeal. Given the opposing views on how to deal with this old appeal, the Tribunal, under Rule 19.9 of the Tribunal’s Rules of Practice and Procedure, has reversed the decision and this file will not be consolidated with the OPA and ZBA appeals at this time.

18The Tribunal has been informed that this old comprehensive OPA file number is the former Ontario Municipal Board file PL091167 and the Tribunal’s records indicate that this file is closed. The Tribunal will need some time to migrate the file into the new management system therefore the Tribunal has set a date of Wednesday, November 1, 2023, for Mr. Green (or any party) to inform the Tribunal of the County’s intent to bring a motion. Even if the Parties come to an agreement on how they wish to deal with this previous appeal the Parties will inform the Tribunal of their intent on the same day indicated above whether this file will be withdrawn, consolidated or heard together.

ORDER

19The Tribunal Orders that:

i. The date and particulars of the Case Management Conference and Video Hearing are set out above;

ii. Files OLT-22-004732 and OLT-23-000246 are consolidated and the former Ontario Municipal Board file PL091167 is removed from consolidation pending further submissions from the Parties in the form of a motion or, on consent of the Parties, the fashion in which Ontario Municipal Board file PL091167 will be disposed of and the parties will respond to the Tribunal, and other Parties, on or before Wednesday, November 1, 2023 so that this matter may be considered at the next Case Management Conference on Wednesday, November 29, 2023 ;

iii. The final Procedural Order and Issues List will govern these proceedings with the one exception listed in paragraph 7 above;

13The Panel is not seized but may be spoken to through the Case Coordinator if any issues arise.

“G.C.P. Bishop”

G.C.P. BISHOP

ALTERNATE CHAIR

“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.

ATTACHMENT 1

CASE NO(S).: OLT-22-004732

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine

Applicant: Ahmadiyya Muslim Jama’at Canada

Subject: Proposed Official Plan Amendment

Description: To re-designate the lands to permit a cemetery and accessory uses

Reference Number: BWG-OPA-22032

Property Address: 3999 10th Sideroad

Municipality: Town of Bradford West Gwillimbury / County of Simcoe

OLT Case No.: OLT-23-000246

OLT Lead Case No.: OLT-22-004732

OLT Case Name: Ferragine v. Simcoe (County)

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

Appellant: Len Ferragine

Subject: By-law No. 2022-97

Description: To re-designate the subject property to permit a cemetery and accessory uses

Reference Number: D14-20-02

Property Address: 3999 10th Sideroad

Municipality: Town of Bradford West Gwillimbury

OLT Case No.: OLT-22-004732

OLT Lead Case No.: OLT-22-004732

OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday, April 9, 2024 at 10 a.m. through a video-conferencing platform.

3. The parties’ initial estimation for the length of the hearing is 17 hearing days. For clarity, the hearing will be adjourned on April 23rd and 24th. 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. 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.

6. 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.

7. The meaning of the terms used in this Order are set out in Attachment 4.

8. 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.

9. 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

10. 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 within 60 days of the issuance of this Order and in accordance with paragraph 25 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, signed Acknowledgement of Expert’s Duty Form, and the area of expertise in which the witness is prepared to be qualified. In the event a Party files a list of witnesses that does not include a witness with the technical expertise required to address one or more of such Party’s technically-related Issues as set out in Attachment 2, such Issue(s) shall be struck from said Issues List at the written request of any Party.

11. Expert witnesses in the same field shall have a meeting on or before December 1, 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 December 15, 2023.

12. 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 16 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.

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 16 below.

14. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16 below.

15. If the applicant intends to seek approval of a substantially 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 November 13, 2023 The applicant acknowledges that any substantial revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

16. On or before January 25, 2024, the parties shall provide copies of their expert or non-expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 25 below.

17. On or before January 25, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

18. On or before March 5, 2024, the parties shall provide copies of their responding witness statements to the other parties and to the OLT case co-ordinator.

19. On or before March 5, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

20. On or before March 28, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

21. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 20, 2024.

22. 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.

23. 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.

24. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 2, 2024 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.

25. 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. Hard copy shall be provided to the Tribunal upon request.

26. 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.

ATTACHMENT 1 LIST OF PARTIES AND PARTICIPANTS

PARTIES:

LOOPSTRA NIXON LLP 130 Adelaide Street West, Suite 2800 Toronto, ON m5H 3P5 Aaron Platt aplatt@loonix.com Tel: (416) 977-7088 Lawyers for Ahmadiyya Muslim Jama’at Canada

AIRD & BERLIS Brookfield Place 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Leo F. Longo llongo@airdberlis.com Tel: (416) 865-7778 Lawyers for Town of Bradford West Gwillimbury

COUNTY OF SIMCOE – LEGAL SERVICES DEPARTMENT 1110 Highway 26 Midhurst, ON L9X 1N6 Marshall Green Tel: (705) 726-9300 ext. 1532 Lawyers for the County of Simcoe

BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Suite 3400 Toronto, ON M5H 4E3 Isaac Tang ITang@blg.com Tel: (416) 367-6143 Brett Davis BDavis@blg.com Tel: (416) 367-6632 Lawyers for Len Ferragine (Appellant)

DEVRY SMITH FRANK LLP 100-95 Barber Greene Road Toronto, ON M3C 3E9 David S. White David.white@devrylaw.ca Tel: (416) 449-1400 Lawyers for Doris Becher Nienhaus

PARTICIPANTS:

Cynthia Riley 2634 Line 11, Bradford ON. L3Z 3M7 Tel: (289)264-6121 Email: cariley2634@gmail.com

Andy & Anthanasia Karistinos 2882 11th Line Bradford, ON L3Z 3M7 Tel: (647) 291-4404 Email: karistinos.ai@gmail.com

Denis Jakac 2822 Line 11 Bradford. ON L3Z 3M7 Tel: (647) 668-1055 Email: ve3zxn@hotmail.com

David Niemi 3107 Line 12 Bradford, ON L3Z3P4 Tel: (416) 688-1924 Email: eijadavidniemi@hotmail.com

PROVISIONAL PARTICIPANTS:

Diana Chubb 2848 Line 11 Bradford ON L3Z 3M7 Tel: (647) 521-2280 Email: chubbybees@outlook.com

ATTACHMENT 2 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.

ISSUES OF LEN FERRAGINE

Planning and Agricultural

1. Does the Official Plan Amendment and Zoning By-law Amendment (collectively the “Proposed Amendments”) have regard for matters of provincial interest as set out in Section 2 of the Planning Act, including subsections (a), (b), (e), (o), and (p)?

2. Are the Proposed Amendments consistent with the following policies of the Provincial Policy Statement 2020: Policies 1.1.1(c), 1.7.1(i), 2.2.1(d) and (f), 2.2.2, 2.3.1, 2.3.2, 2.3.3.1, 2.3.6.1, 2.3.6.2?

3. Do the Proposed Amendments conform to Policies 4.2.6(2), (3) and (5) of A Place to Grow: Growth Plan for the Greater Golden Horseshoe?

4. Do the Proposed Amendments conform to the following policies of the Official Plan of the County of Simcoe: Sections 3.6.1, 3.6.2, 3.6.3, 3.6.5, 3.6.10 and 3.6.12(b)?

5. Do the Proposed Amendments maintain the intent and principles of, and do they generally conform to, the following policies of the Official Plan of the Township of Bradford West Gwillimbury: Sections 4.6.1, 7.2.1.3, 7.2.1.4, 7.2.2.1, and 9.2.2.6?

6. Are the Proposed Amendments in the public interest and do the Proposed Amendments represent good planning?

7. Is the Proposal compatible with the community’s existing character, taking into consideration the surrounding rural and agricultural character of the community?

Hydrogeology and Water Resources

8. Do the studies submitted in support of the Proposed Amendments adequately address hydrogeological issues and concerns arising from the proposed cemetery use, including the burial sites, related to the ‘highly vulnerable aquifer’, ‘significant groundwater recharge area’, and ‘wellhead protection area’ designations applicable to the subject lands?

9. Have there been adequate hydrogeologic studies completed on the subject lands and proposed cemetery use, including the burial sites, on potential impacts to the aquifer, including threats to source water and drinking water supplies (municipal and private wells) located within 500 m of the subject lands?

10. Has the Applicant demonstrated that any environmental impacts of the proposed cemetery use, including the burial sites, on groundwater quality and the natural environment are not required to be mitigated to off-set any adverse effects to the aquifer?

11. Has the Applicant developed a groundwater and/or surface water monitoring program for the subject lands to implement, evaluate and monitor the effects of the cemetery use on water quality downgradient from the site?

12. Has the Applicant appropriately demonstrated the groundwater flow, quantity and direction on the subject lands and towards the neighbouring wells (municipal and/or private), including whether the existing pond affects groundwater flow patterns, whether underlying geologic features may influence groundwater flow, quantity and direction, and whether the groundwater contour plots are accurately presented.

Other Issues

13. Will vehicular and pedestrian traffic associated with funeral services negatively impact local streets during peak events? Have traffic and parking-related impacts been adequately assessed on the road network in this predominantly agricultural and rural setting?

14. Has noise associated with large events or functions occurring as a result of the development facilitated by the Proposed Amendments been adequately assessed and appropriate mitigation measures proposed?

15. Do the Proposed Amendments consider the total impact of future expansion for the permitted uses into the agricultural area, taking into consideration the full extent of the lands owned by the Applicant? Are there appropriate development controls in place?

16. Are “accessory” buildings proposed in fact accessory in scale and purpose?

17. If the Tribunal determines that the Proposed Amendments are appropriate, what are the appropriate conditions to be imposed prior to approving the instruments?

ATTACHMENT 3 ORDER OF EVIDENCE

1. Ahmadiyya Muslim Jama’at Canada

2. Town of Bradford West Gwillimbury (if participating/required)

3. County of Simcoe (if participating/required)

4. Len Ferragine

5. Doris Becher Nienhaus

6. Ahmadiyya Muslim Jama'at Canada (Reply)

ATTACHMENT 4 MEANING OF TERMS

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written 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, 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 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 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 wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually:

• direct examination 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-direct examination by the Party presenting the witness; or

• another order of examination mutually agreed among the Parties or directed by the Tribunal.

ATTACHMENT 5 SUMMARY OF PROCEDURAL DATES

DATE	EVENT
60 Days from date of issuance of the Procedural Order	Exchange of list of witnesses and the order in which they will be called
November 13, 2023	Applicant shall provide copies of any revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports to the other parties, if applicable
December 1, 2023	Meetings of expert witnesses to be completed
December 15, 2023	Filing of agreed statement of facts from meetings of expert witnesses
January 25, 2024	Exchange of expert reports/expert witness statements/witness statements, evidence outlines for witnesses under summons.
January 25, 2024	Exchange of Participant Statements
March 5, 2024	Exchange of Responding Witness Statements
March 5, 2024	Confirm with the Tribunal if all the reserved hearing dates are still required
March 28, 2024	Exchange of visual evidence
March 20, 2024	Completion of joint document book
April 2, 2024	Parties to prepare and file hearing plan
April 9, 2024	Hearing commences