Wigwoss Investments Inc. & 2561658 Ontario Inc. v. Vaughan (City), 2024 CanLII 120521

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 29, 2024

CASE NO(S).: OLT-24-000404

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wigwoss Investments Inc. & 2561658 Ontario Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a 12-storey residential apartment building containing 106 residential units

Reference Number: OP.22.016

Property Address: 10, 20 and 24 Wigwoss Drive, City of Vaughan

Municipality/UT: City of Vaughan/ Region of York

OLT Case No.: OLT-24-000404

OLT Lead Case No.: OLT-24-000404

OLT Case Name: Wigwoss Investments Inc. & 2561658 Ontario Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wigwoss Investments Inc. & 2561658 Ontario Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a 12-storey residential apartment building containing 106 residential units

Reference Number: Z.22.036

Property Address: 10, 20 and 24 Wigwoss Drive, City of Vaughan

Municipality/UT: City of Vaughan/ Region of York

OLT Case No.: OLT-24-000405

OLT Lead Case No.: OLT-24-000404

Heard: July 24, 2024, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Wigwoss Investments Inc.	Ira Kagan Sarah Kagan (in-Absentia)
City of Vaughan	Caitlin DeSimone Candace Tashos
The Vaughanwood Ratepayers Association	Mary Flynn Guglietti Marc Kemerer

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON July 24, 2024 AND ORDER OF THE TRIBUNAL

1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the Appeals of the failure to make a decision of the City of Vaughan (“City”) to approve an application to amend the Zoning By-law (“ZBA”) and for the failure to adopt an amendment to the Official Plan (“OPA”) for the property known municipally as 10, 20 and 24 Wigwoss Drive, in the City of Vaughan. (“Subject Land”).

2The proposal provides for a 12-storey 106 unit condominium with 128 vehicular and 66 bicycle parking spaces. The proposed development will have a Floor Space Index ( “FSI”) of 3.84 and will buffer to the northern lot line with a 10-metre landscaping space to the existing low-density residential areas.

3The purpose of the application is to allow an OPA in order to increase the maximum height and density from permitted 6-storey to 12-storey and to permit a building with no ground floor retail uses. A site-specific amendment would be required for the "Mid-Rise Mixed-Use" designation in the City Official Plan.

4Further, a ZBA is required in order to re-zone the lands to RM2 -Multiple Unit Residential Zone -Exception from the R2 Zone.

5The purpose of the CMC was to receive status updates from all Parties to organize the hearing of these appeals

6The Tribunal was in receipt of the Affidavit of Service sworn by Christopher Drew on June 26, 2024, marked as Exhibit 1.

STATUS REQUESTS

7The Tribunal was presented with the following requests.

1. Party Status

• The Vaughanwood Ratepayers Association

2. Participant Status

• Thanh Nguyen

8There were no objections to the requests. The Tribunal granted Status to all requests.

NEXT STEPS

9The Tribunal heard that the Parties are seeking a 10-day hearing.

10The Tribunal hereby schedules a hearing of these appeals commencing on Monday, May 26, 2025 at 10 a.m. by video. Ten days have been set aside

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:

https://global.gotomeeting.com/join/979388733

Access code: 979-388-733.

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 GoTo Meeting 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 979-388-733.

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.

ORDER

15THE TRIBUNRAL ORDERS THAT the Procedural Order attached as Schedule A shall govern the conduct of this proceeding.

16The Tribunal has conferred party status to the Vaughanwood Ratepayers Association.

17The Tribunal has conferred participant status to Thanh Nguyen.

18This Member is not seized.

19No further notice is required.

“Carmine Tucci”

CARMINE TUCCI

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 A

CASE NO(S).: OLT-24-000404

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wigwoss Investments Inc. & 2561658 Ontario Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a 12-storey residential apartment building containing 106 residential units

Reference Number: OP.22.016

Property Address: 10, 20 and 24 Wigwoss Drive, City of Vaughan

Municipality/UT: City of Vaughan/ Region of York

OLT Case No.:: OLT-24-000404

OLT Lead Case No.: OLT-24-000404

OLT Case Name: Wigwoss Investments Inc. & 2561658 Ontario Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wigwoss Investments Inc. & 2561658 Ontario Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a 12-storey residential apartment building containing 106 residential units

Reference Number: Z.22.036

Property Address: 10, 20 and 24 Wigwoss Drive, City of Vaughan

Municipality/UT: City of Vaughan/ Region of York

OLT Case No.: OLT-24-000405

OLT Lead Case No.: OLT-24-000404

PROCEDURAL ORDER

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

2. Further refinement of this Procedural Order is anticipated as the positions of the parties are refined.

Organization of the Hearing

3. The hearing will commence on Monday May 26, 2025 at 10am and will be conducted virtually.

4. The length of the hearing will be ten (10) days.

5. The parties and participants to the hearing are set out in Attachment 1.

6. The current Issues are set out in the Issues List attached as Attachment 2. The parties shall provide a final Issues List to the parties and the Tribunal no later than Friday November 1, 2024. Except as contemplated in paragraph 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.

7. 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 consent or by Order of the Tribunal.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal and the other parties as soon as possible. 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.

Requirements Before the Hearing

9. If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports which it intends to rely upon, to all the Parties on or before Friday, January 17, 2025. The Applicant acknowledges that any revisions to the proposal after that date without the consent of the parties or which do not seek to scope or resolve concerns expressed in the Witness Statement(s) filed by another party, may be grounds for a request to adjourn 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, their professional qualifications, their areas of expertise, completed Acknowledgements of Expert’s Duty, the precise area and discipline in which they will seek to be qualified to provide expert testimony, and the intended order in which the witnesses will be called during the hearing. This information must be delivered on or before Friday, December 20, 2024. Any challenge by a Party to the qualifications or expertise of a witness must be filed with the Tribunal with supporting reasons within 30 days.

11. Expert witnesses in the same field shall have a meeting on or before Friday, January 31, 2025 to try to resolve or reduce the issues for the hearing. Expert meetings and discussions are to be held on a without prejudice and confidential basis, except insofar as it may be necessary for an expert to seek out resources or information (e.g. consult with other experts or counsel) that may be required in order for the expert witness to comply with the duties and obligations outlined in this section. The without prejudice and confidential nature of the discussions includes not being cross-examined or examined, by any party, regarding any statements or positions that may have been made or taken during an expert meeting or discussion. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties by no later than Friday, February 28, 2025.

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 section 22. 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 7.4 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same time as the delivery of expert witness statements, as in section 22.

13. On or before Friday, March 28, 2025, a participant shall provide copies of their written participant statement to the other parties. A participant cannot present oral submissions at the hearing or the participant may not give oral evidence at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. 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 section 22. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in section 15.

15. On or before Friday, March 28, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties.

16. On or before Friday, April 25, 2025, the parties shall provide any reply witness statements responding to any written evidence received to the other parties.

17. On or before Monday, May 12, 2025, the parties shall provide copies of their visual evidence to the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. 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.

19. A party who provides a witness’ evidence 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 the record.

20. The parties shall prepare and file a hearing plan with the Tribunal on or before Monday, May 19, 2025 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.

21. The parties shall cooperate to prepare and file a Joint Document Book with the Tribunal on or before Monday, May 19, 2024. If a party wants a printed copy of the electronic Document Book for its own use it shall print it themselves at their own cost. It is not anticipated that the Tribunal will require a printed copy for itself but if it does, the Tribunal will print its own copy.

22. 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. Documents may be delivered by personal delivery, registered or certified mail or email, or otherwise as the Tribunal may direct. The delivery of documents by email shall be governed by the Tribunal’s Rules (Rule 7) on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness, and except as contemplated in paragraph 9 of this Order. The Tribunal’s Rule 17 applies to such requests.

24. The purpose of the Procedural Order and the meaning of the terms used in the Procedural Order are set out in Attachment 4.

25. A summary of the various procedural dates is set out in Attachment 5.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

LIST OF PARTIES and participants

Parties

1. Wigwoss Investments Inc. & 2561658 Ontario Inc.

KAGAN SHASTRI DeMELO WINER PARK LLP 188 Avenue Road Toronto, ON., M5R 2J1 Ira T. Kagan / Sarah R. Kagan Tel: 416-368-2100 x. 226 / 243 ikagan@ksllp.ca / skagan@ksllp.ca

2. City of Vaughan

Legal Counsel, Planning & Development 2141 Major Mackenzie Drive Vaughan, ON., L6A 1T1 Candace Tashos Tel: 905-832-8585 x 3618 Candace.tashos@vaughan.ca

3. The Vaughanwood Ratepayers Association McMillan LLP BCE Place, 181 Bay Street, Suite 4400 Toronto, ON., M5J 2T3 Mary Flynn-Guglietti / Marc Kemerer Tel: 416-865-7256 / 416-865-7222 mary.flynn@mcmillan.ca / marc.kemerer@mcmillan.ca

Participants

4. Thanh Nguyen

28 Wigwoss Drive, Vaughan, ON., L4L 2P8 Tel: 416- 500- 8088 floordepotca@gmail.com

Douglas Peng, Representative of Thang Nguyen Tel: 416-885-4828 dougpeng@gmail.com

ISSUES LIST

City of VaughAN issues list

POLICY

1. Does the proposed development have regard to relevant matters of provincial interest under Section 2 of the Planning Act, specifically sections 2 (e), (f), (h), (j), (m), (n), (o), (p), (q) and (r)?

2. Is the proposed development consistent with the Provincial Planning Statement, 2024, specifically sections 2.3.1.3, 2.4.1, 2.8.1.1, 3.9.1, 6.1.5 and 6.1.11?

3. Does the proposed development conform to York Region Official Plan 2022 policies 2.1.2, 2.1.3(a), 2.1.4(a), (c) and (d), 2.2.13, 2.3.1, 2.3.2, 2.3.11, 2.3.13, 2.3.17, 2.3.26, 2.3.49, 3.3.12, 4.1.1, 4.1.3, 4.1.5, 4.2.1, 4.2.2, 4.2.4, 4.2.17, 4.2.18, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.4.5, 4.4.7, 4.4.8, 4.4.9, 4.4.10, 4.4.11, 4.4.12, 4.4.13, 4.4.14, 4.4.15, 4.4.16, 4.4.17, 4.4.18, 4.4.19, 4.4.34, 4.4.35, 4.4.36, 4.4.38, 4.4.42, 6.1.1, 6.1.3, 6.1.4, 6.3.16(d) and (j), 6.4.1, 6.4.2, 6.4.3, 6.5.3, 6.5.4, 6.5.7, 7.3.2, 7.3.4, 7.3.8 and 7.4.13?

4. Does the proposed development conform to City of Vaughan Official Plan 2010 (“VOP 2010”) policies 1.5 (Goal 1, Goal 6, Goal 7, and Goal 8), 2.1.3.1, 2.1.3.2 (c), (e), (h), (i), (j) and (k), 2.2.1, 2.2.1.1(d) and (e), 2.2.1.2,, 2.2.5, Figure 6 – Intensification Areas, 2.2.5.11 to 2.2.5.22, 3.6.6, 4.1.1.4, 4.2.2.13, 4.2.2.15, 4.2.2.20, 4.2.3, 4.3.3, 5.1.1.3(d), 5.2.3.1, 5.2.3.2, 5.2.3.4, 5.2.3.9, 7.1.1.3, 7.5.1, 7.5.1.1, 7.5.1.3, 7.5.1.4, 8.2.1.1, 8.2.1.2, 8.2.1.3, 8.3.1.1, 8.3.1.2, 8.3.1.8, 9.1.1, 9.1.1.3(c) and (d), 9.1.2.1(b), 9.1.2.7, 9.1.2.8, 9.1.2.9, 9.2.1.1, 9.2.1.2, 9.2.1.4, 9.2.1.5, 9.2.1.6, 9.2.1.9, 9.2.2.4, 9.2.3.5, 10.1.2.1, 10.1.2.2, 10.1.2.3, 10.1.2.5 to 10.1.2.8, 10.1.2.20, 10.1.2.21, 10.1.2.25, Schedule 1 (Urban Structure), Schedule 1C (Protected Major Transit Station Areas), Schedule 9 (Future Transportation Network), Schedule 10 (Major Transit Network) and Schedule 13 (Land Use)?

5. Would the proposed development establish a consistent level of design excellence as required by the City-Wide Urban Design Guidelines (2018) sections 2.3, 3.1, 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.2.6, 5.2.12, 5.2.16, 5.3.1, 5.3.3, 5.3.6, 5.3.7, 5.3.8, 5.3.9, 5.3.10, 5.3.13, 5.3.14, 6.1.2, 6.2.1, 6.2.3, 6.2.4, 7.2.1 and 7.3.1?

Land Use Compatibility/Height and Density

6. Is the proposed built form appropriate, specifically the proposed heights, densities, form, massing, streetwall heights, bulk, scale, site design/layout, angular plane and transition considering the site, location, the policy context, and the existing character of the surrounding lands?

7. Does the proposed development seek an appropriate height and density, massing and overall built form for the subject lands considering compatibility with and transition to the existing low-rise residential development immediately adjacent to the site and within the surrounding community?

8. Would the proposed development provide an appropriate interface with the public realm and to the adjacent neighbourhood?

9. Would the proposed development result in adverse impacts on adjacent lands with respect to shadow and overlook?

10. Does the proposed development negatively impact the scale and character of the area?

11. Does the proposed development appropriately animate the street frontages through the provision of active uses at grade?

12. Has the appropriate justification been provided to justify the proposed stand- alone residential use in accordance with VOP 2010 Policy 9.2.2.4(c)?

13. Does the proposed development provide an appropriate mix of housing types/sizes?

14. Does the proposed development represent good planning? Would approval of the proposed development be in the public interest?

Transportation

15. Does the proposed development provide appropriate vehicular access to the site?

16. Does the proposed development provide an appropriate pick-up/drop off area?

17. Are the proposed parking space locations appropriate?

18. Does the proposed accessible parking supply satisfy the City’s Zoning By-law requirements?

19. Does the proposed development provide adequate short-and long-term bicycle parking spaces and access aisles?

20. Does the current design of the underground parking garage ramps meet the City’s Engineering Design Criteria requirements?

21. Does the proposed development meet the City’s Engineering Design Criteria and Standard Drawings, Transportation Association of Canada’s Geometric Design Guide for Canadian Roads, and Ontario Provincial Standards Drawings?

Park/Amenity Space

22. If the Tribunal allows the appeals in whole or in part, what is the appropriate form and level of parkland benefit owing to the City in accordance with the Planning Act and the City’s Cash-in-lieu of Parkland Dedication By-law?

23. Is the proposed on-site amenity area adequate for the proposed development/community?

Implementation

24. If the Tribunal allows the appeals in whole or in part, should the proposed Zoning By-law Amendment be subject to a Holding provision “(H)” to secure, to the satisfaction of the City and, where applicable, York Region:

a) the approval of a Site Development application;

b) implementation of the necessary transportation improvements and servicing infrastructure upgrades to facilitate the proposed development;

c) Vaughan Council adopts a resolution allocating sewage and water supply capacity in accordance with the City’s approved Servicing Capacity Distribution Policy;

d) the Owner has contributed its share of the cost of infrastructure works and/or undertaken the necessary improvement work and entered into a Development Agreement (if required) with the City, for the required servicing improvements, to the satisfaction of the City; and

e) submission of a reliance letter, prepared in accordance with the City’s reliance letter template, for the provided Phase One and Two ESA reports.

25. If the Tribunal allows the appeals in whole or in part, what is the appropriate form and content of the proposed Official Plan Amendment and Zoning By-law Amendment?

VAUGHANWOOD RATEPAYERS’ ASSOCIATION Issues list

The Vaughanwood Ratepayers Association (the “VRA”) adopts and will call evidence on the City of Vaughan’s Final Issues List numbers 1, 2 5- 16, 22 and 24 as well as the following additional issues.

Transportation

26. Does the proposed development result in unacceptable traffic congestion at the intersection of Highway 7 and Wigwoss Drive?

27. Does the proposed development result in unsafe traffic conditions for both pedestrians and vehicles at the intersection of Highway 7 and Wigwoss Drive?

Will the proposed development result in unacceptable levels of traffic infiltration and congestion on the low-rise residential local roads?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Wigwoss Investments Inc. & 2561658 Ontario Inc.

2. City of Vaughan

3. Vaughanwood Ratepayers Association

4. Wigwoss Investments Inc. & 2561658 Ontario Inc. Reply

ATTACHMENT 4

Purpose of the Procedural Order and Meaning of Terms

The Tribunal recommends that the parties meet to discuss this sample Order before the Case Management Conference to try to identify the issues and the process that they want the Tribunal to order following the conference. The Tribunal will hear the parties’ comments about the contents of the Order at the conference.

Case Management Conferences usually take place only where the hearing is expected to be long and complicated. If you are not represented by a lawyer, you should prepare by obtaining the Guide to the Ontario Land Tribunal, and the Tribunal’s Rules, from the Tribunal Information Office, 15th Floor, 655 Bay Street, Toronto, M5G 1E5, 416-212-6349, or from the Tribunal’s website at https://olt.gov.on.ca/about-olt/.

Meaning of terms used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 5

Summary of Filing Dates

EVENT	DATE
1st Case Management Conference	Wednesday, July 24, 2024
Final Issues List due	Friday, November 1, 2024
Parties to exchange their List of Witnesses	Friday, December 20, 2024
Deadline to file revised plans	Friday, January 17, 2025
Deadline for Meeting of Like Experts	Friday January 31, 2025
Deadline to file Statement of Agreed Facts and Issues	Friday, February 28, 2025
Parties to exchange their Witness and Expert Witness Statements Participants to provide their Participant Statements	Friday, March 28, 2025
Parties to exchange their Reply Witness Statements	Friday, April 25, 2025
Parties to exchange their Visual Evidence	Monday, May 12, 2025
Parties to File Joint Document Book Parties to File Preliminary Hearing Plan	Monday, May 19, 2025 Monday, May 19, 2025
Hearing commences	Monday May 26, 2025