Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 03, 2024

CASE NO.: OLT-24-000572

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

Applicant/Appellant: CSG Yonge Manor Limited and CSG Hillsdale Limited

Subject: Request to amend the Official Plan – Refusal of request

Description: To permit the redevelopment of the subject property for a 29-storey building with 486 residential units.

Reference Number: 23 200789 STE 12 OZ

Property Address: Various Addresses - 2079 Yonge Street (2079-2111 Yonge Street, 9-11, 21, and 31 Hillsdale Avenue East and 12-18 Manor Road East)

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000572

OLT Lead Case No.: OLT-24-000572

OLT Case Name: CSG Yonge Manor Ltd. and CSG Hillsdale Ltd. v. Toronto (City)

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

Subject: Application to amend the Zoning By-law – Refusal of application

Reference Number: 23 200789 STE 12 OZ

Property Address: Various Addresses - 2079 Yonge Street (2079-2111 Yonge Street, 9-11, 21, and 31 Hillsdale Avenue East and 12-18 Manor Road East)

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000573

OLT Lead Case No.: OLT-24-000572

OLT Case Name: CSG Yonge Manor Ltd. and CSG Hillsdale Ltd. v. Toronto (City)

BEFORE:

ERIC S. CROWE MEMBER

Monday, the 25th day of November, 2024

UPON APPEAL having brought by CSG Yonge Manor Limited and CSG Hillsdale Limited regarding appeals pursuant to s. 22(7) and s. 34(11) of the Planning Act concerning the Official Plan Amendment and Zoning By-law Amendment applications in the City of Toronto (“City”) for lands municipally known as 2079-2111 Yonge Street, 9-11, 21 and 31 Hillsdale Avenue East, and 12-18 Manor Road East.

AND THE TRIBUNAL proceeded to conduct a second Case Management Conference (“CMC”) on November 25, 2024 held by video;

AND THE TRIBUNAL, having received no further requests for Party or Participant status;

AND THE TRIBUNAL confirmed the Parties’ awareness of Tribunal-led mediation;

AND THE TRIBUNAL, at the CMC, having scheduled a five-day hearing to commence on Monday, April 28, 2025 to Friday, May 2, 2025 by video;

Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/765631861

Access code: 765-631-861

Parties and/or 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

Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is: 765-631-861.

Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order appended as Schedule 2 shall govern the conduct of this proceeding; and,

2. This Member is not seized but remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE 1

Second CMC Attendance List

Parties CSG Yonge Manor Limited and Hillsdale Limited Counsel Ian Andres David Bronskill (in absentia)

Parties Amskor Corporation Counsel Greg Woodward

Parties City of Toronto Counsel Amrit Sandhu Jason Davidson (in absentia)

SCHEDULE 2

CASE NO(S).: OLT-24-000572

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

Applicant/Appellant: CSG Yonge Manor Limited and CSG Hillsdale Limited Subject: Request to amend the Official Plan – Refusal of request Description: To permit the redevelopment of the subject property for a 29-storey building with 486 residential units Reference Number: 23 200789 STE 12 OZ Property Address: Various Addresses 2079 Yonge Street (2079-2111 Yonge Street, 9-11, 21 and 31 Hillsdale Avenue East and 12-18 Manor Road East) Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000572 OLT Lead Case No.: OLT-24-000572 OLT Case Name: CSG Yonge Manor Ltd. And CSG Hillsdale Ltd. 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: CSG Yonge Manor Limited and CSG Hillsdale Limited Subject: Application to amend the Zoning By-law – Refusal of application Reference Number: 23 200789 STE 12 OZ Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000573 OLT Lead Case No.: OLT-24-000572 OLT Case Name: CSG Yonge Manor Ltd. and CSG Hillsdale Ltd. v. Toronto (City)

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 Monday, April 28, 2025, at 10 a.m.

3. The length of the hearing is five (5) 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.

4. The parties and participants are set out in Attachment 1. See Attachment 4 for the meaning of these terms.

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. 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.

8. 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

9. 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 10, 2025. 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 January 17, 2025.

10. 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 January 24, 2025. 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.

11. If necessary, expert witnesses in the same field shall have at least one further meeting before the hearing to try to resolve or reduce issues for the hearing. If such further meeting occurs, the experts shall prepare a revised 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 February 14, 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 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.

13. A witness or participant must provide to the Tribunal and the parties a witness statement or participant statement, respectively, on or before February 28, 2025, 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.

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 paragraph 13.

15. On or before February 28, 2025, the parties shall provide copies of their witness statements and expert witness statements (full disclosure including reports) to the other parties.

16. On or before March 28, 2025, the parties may provide to all other parties a written response to any written evidence.

17. On or before April 11, 2025, the parties shall advise the Tribunal if any hearing dates are to be released from the hearing calendar (if any).

18. On or before April 11, 2025, 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.

19. 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.

20. 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.

21. On or before April 18, 2025, 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.

22. The parties shall prepare a Joint Document Book on or before April 18, 2025, 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 23.

23. 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.

24. 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.

25. 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.

26. 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.

SUMMARY OF DATES

DATE EVENT

January 10, 2025 Exchange of witness lists (names, disciplines and order to be called)

January 17, 2025 Last date to challenge identification of expert witness

January 24, 2025 Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

February 14, 2025 Experts meeting prior to this date

February 14, 2025 Agreed Statement of Facts

February 28, 2025 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

March 28, 2025 Exchange of Reply Witness Statements (if any)

April 11, 2025 Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

April 11, 2025 Exchange of visual evidence (if any)

April 18, 2025 Final Work Plan filed with the Tribunal

April 18, 2025 Finalize Joint Document Book

April 28, 2025 Hearing commences

ATTACHMENT 1

PARTIES/PARTICIPANTS

Parties

1. CSG Yonge Manor Limited and CSG Hillsdale Limited David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Toronto Jason Davidson / Amrit Sandhu (416) 392-4835 / (416) 338-1617 jason.davidson@toronto.ca / amrit.sandhu@toronto.ca

3. Amskor Corporation Greg Woodward (519) 932-5489 gwoodward@lerners.ca

Participants

1. Choi, Miso (416) 668-2866 hillsdalemanortenantasstn@gmail.com

2. Latto, Jeff (SEDRA) (416) 435-3170 jeff.latto@sedratoronto.ca

ATTACHMENT 2

DRAFT ISSUES LIST

CITY OF TORONTO

Site-Specific Issues

Issue 1 – Height. Is the development’s proposed height appropriate, and does it represent good planning? In particular:

1. Does the proposed height conform with the Official Plan policies: 2.2.3 (Avenues), 2.3.1 (Healthy Neighbourhoods), 3.1.3 and 3.1.4 (Built Form), 3.1.6 (Heritage Conservation) and 4.5 (Mixed Use Areas)?

2. Does it conform with the Yonge-Eglinton Secondary Plan (OPA 405)?

3. Does it have appropriate regard to the applicable City of Toronto Tall Building Design Guidelines?

Issue 2 – Massing. Is the development's proposed massing, including setbacks, stepbacks, scale, separation distances, streetwall height, density, and design appropriate, does the development provide good transition to the low-rise Neighbourhood to the east, and does it represent good planning? In particular:

1. Does the proposed height conform with the Official Plan policies: 2.2.3 (Avenues), 2.3.1 (Healthy Neighbourhoods), 3.1.1 (Public Realm), 3.1.3 and 3.1.4 (Built Form), 3.1.6 (Heritage Conservation) and 4.5 (Mixed Use Areas)?

2. Does it conform with the Yonge-Eglinton Secondary Plan (OPA 405)?

3. Does the massing of the proposed development have appropriate regard for the applicable City of Toronto Tall Building Design Guidelines?

4. Does the proposed development represent over-development of the site?

Issue 3 – Streetscape & Public Realm. Is the proposed development's relationship with the public realm and resulting streetscape appropriate, and does it represent good planning? In particular:

1. Does it conform with Official Plan policies: 3.1.1 (Public Realm), 3.1.3 and 3.1.4 (Built Form), 3.1.6 (Heritage Conservation) and 4.5 (Mixed Use Areas)?

2. Does it conform with policies: 3.1 (Area-wide Public Realm Policies) and 3.2 (Public Realm Moves) of the Yonge-Eglinton Secondary Plan (OPA405)?

3. Does the development have appropriate regard to the applicable City of Toronto Tall Building Design Guidelines?

4. Does it meet the requirements of the Toronto Green Standard?

Issue 4 – Heritage. Does the proposed development provide for a design that will conserve the cultural heritage values, attributes, and character of the designated heritage property at 2111 Yonge Street, and mitigate visual and physical impact on it? In particular:

a. Does the proposal conform with Toronto Official Plan policies 3.1.6?

b. Is the proposal consistent with Provincial Planning Statement, 2024 policies?

c. Does the proposal have regard for subsection 2(d) of the Planning Act?

d. Does the proposed development conform with policies: 5.1.1k and 5.2 of the Yonge-Eglinton Secondary Plan (OPA 405)?

e. Does the proposed development conform to the principles set out in the Standards and Guidelines for the Conservation of Historic Places in Canada?

f. Has the proposed development been designed to conserve the cultural heritage values, attributes and character of the adjacent heritage properties that are included on the City’s Heritage Register along Yonge Street, and mitigate visual and physical impact on them?

g. Should the Tribunal approve the heritage permit applications under section 33 and 34(1)1 of the Ontario Heritage Act required in support of the development proposed on the designated property at 2111 Yonge Street?

Issue 5 – Shadow and Wind Impacts. Does the proposed development appropriately limit shadow and wind impacts on adjacent properties, the public realm, open space, and neighbourhoods? In particular:

1. Does it conform with Official Plan policies: 2.2.3 (Avenues), 2.3.1 (Healthy Neighbourhoods, 3.1.1 (Public Realm), 3.1.3 (Built Form), 3.1.4 (Built Form – Building Types), and 4.5 (Mixed Use Areas)?

2. Does it conform with the Yonge-Eglinton Secondary Plan (OPA 405)?

3. Does the proposed development have appropriate regard for the applicable City of Toronto Tall Building Design Guidelines?

Issues 6 – Servicing. Has the applicant demonstrated that adequate municipal services are in place to support the development, inclusive of the availability of adequate sanitary sewage capacity, appropriately proposed stormwater management measures and groundwater management measures?

Issue 7 – Parking and Loading. Does the application demonstrate that adequate vehicle parking and loading will be in place to support the development?

Issue 8 - Implementation. If the requested Official Plan Amendment and Zoning By-law Amendments are approved by the Tribunal, in whole or in part, should the Tribunal's final order be withheld until it has been advised by the City Solicitor that:

1. The proposed Official Plan and Zoning By-law Amendments are in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and City Solicitor, including any appropriate holding (H) provisions;

2. The owner has addressed outstanding issues in relation to site servicing and has submitted a revised Functional Servicing and Stormwater Management Report and a detailed Hydrogeological providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and 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;

3. All comments from Engineering and Construction Services contained in their November 23, 2023 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

4. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

5. The owner has entered into a Heritage Easement Agreement with the City for the property at 2111 Yonge Street to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

6. The owner has provided a detailed Conservation Plan for the subject heritage property, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, to the satisfaction of the Senior Manager, Heritage Planning; and

7. City Council has approved the Rental Housing Demolition Application (Application No. 23 201074 STE 12 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

Legislative & Policy Tests

Issue 9 – Policy Tests. Do the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development satisfy the applicable legislative and policy tests? Specifically:

1. Do the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development conform with the policies of the City of Toronto Official Plan, including the policies related to:

   1. Section 2.2 (Structuring Growth: Integrating Land Use & Transportation);
   2. Section 2.2.3 (Avenues: Reurbanizing Arterial Corridors);
   3. Section 3.1.1 (The Public Realm);
   4. Section 3.1.3 (Built Form);
   5. Section 3.1.4 (Built Form – Building Types);
   6. Section 3.1.5 (Heritage Conservation);
   7. Section 3.2.1 (Housing);
   8. Section 3.5.3 (The Future of Retailing)
   9. Section 4.5 (Mixed Use Areas); and
   10. Sections 5.3.1 and 5.3.2 (Implementation)

2. Do the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development conform with Chapter 6, Section 21 of the Official Plan, being the Yonge Eglinton Secondary Plan?

3. Do the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including subsections 2 (d), (f), (h), (j), (p), (q) and (r)?

4. Would approval of the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development by the Tribunal have regard to the decision of City Council and the information and material that City Council considered in making its decision to refuse the applications as required by Section 2.1 of the Planning Act?

5. Is the proposed Official Plan Amendment, proposed Zoning By-law Amendment and proposed development consistent with the Provincial Planning Statement (2024) as required by Section 3(5) of the Planning Act, including policies 2.1.6, 2.2, 2.3.1.2, 2.3.1.3, 3.1, 3.6.1, 3.6.8, 4.6.1, 4.6.3, and 4.6.4?

6. Is the proposed Official Plan Amendment and Zoning By-law Amendment good planning and in the public interest? Is the proposed Official Plan Amendment and Zoning By-law Amendment good urban design and in the public interest?

7. Is the requested Official Plan Amendment to permit a 29-storey tower appropriate and is the development proposed to be permitted by the Official Plan Amendment compatible with its physical context?

8. Does the proposed development meet the intent and purpose of the following City guidelines:

   1. the Tall Building Design Guidelines (2013);
   2. Midtown Public Realm Implementation Strategy (2022);
   3. The Growing Up: Planning for Children in New Vertical Communities, Urban Design Guidelines (2020); and
   4. the Pet Friendly Design Guidelines for High Density Communities (2019).

AMSKOR CORPORATION

1. Does the proposed development conform with the City of Toronto Official Plan including but not limited to:

a. Healthy Neighbourhoods: 2.3.1.13; and,

b. Mixed Use Areas: 4.5.2 c), d).

2. Does the proposed development conform with the Yonge-Eglinton Secondary Plan including but not limited to:

a. Built Form: 5.1.1 b);

b. Permitted Building Types and Urban Design Standards: 5.3.1, 5.3.31, 5.3.33 c), g); and,

c. Building Heights: 5.4.1, 5.4.3.

ATTACHMENT 3

ORDER OF EVIDENCE

1. CSG Yonge Manor Limited and CSG Hillsdale Limited

2. City of Toronto

3. Amskor Corporation

4. CSG Yonge Manor Limited and CSG Hillsdale Limited, 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.

1416-5054-8496