Islington Village Development Inc. v. Toronto (City), 2024 CanLII 14427

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 21, 2024

CASE NO(S).: OLT-23-000654

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

Applicant and Appellant: Islington Village Development Inc.

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

Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses

Reference Number: 22 139836 WET 03 OZ

Property Address: 4884-4896 Dundas Street West

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000654

OLT Lead Case No.: OLT-23-000654

OLT Case Name: Islington Village Development Inc. 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: Islington Village Development Inc.

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

Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses

Reference Number: 22 139836 WET 03 OZ

Property Address: 4884-4896 Dundas Street West

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000655

OLT Lead Case No.: OLT-23-000654

Heard: February 20, 2024 by video hearing

APPEARANCES:

Parties	Counsel
Islington Village Development Inc.	Calvin Lantz Donya Yarahmadi (in absentia)
City of Toronto	Cameron McKeich Jessica Amey (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON FEBRUARY 20, 2024 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) conducted relating to appeals brought pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure by the Council of the City of Toronto (“City”) to make a decision within statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”). The appeals have been filed by Islington Village Development Inc. (“Appellant”) regarding the property located at 4884-4896 Dundas Street West, Toronto (“Subject Property”).

2The proposed OPA and ZBA will facilitate the redevelopment of the Subject Property with a 29-storey mixed-use building. The original proposal for a 12-storey mixed-use building was amended with additional height and density pursuant to the Appellant receiving circulation comments and the inclusion of the Subject Property within a Protected Major Transit Station Area.

3On September 28, 2023, the Tribunal held the first CMC in this matter where the Parties requested a second CMC to review a Procedural Order (“PO”) and Issues List (“IL”). The Tribunal scheduled a second CMC for January 12, 2024, which was adjourned on consent to allow City Council to consider the appeal at its meeting on February 6 to 8, 2024.

4The Tribunal adjourned the originally scheduled second CMC to February 20, 2024. In advance of the CMC, the Parties filed a draft PO and IL with the Tribunal on consent.

OPPORTUNITIES FOR SETTLEMENT / MEDIATION

5The Parties jointly advised the Tribunal that they continued to have productive discussions, however, they wished to continue to prepare for the merit hearing scheduled to commence on June 17, 2024 and were requesting that the Tribunal approve the draft PO and IL at the CMC.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

6During the CMC the Tribunal and the Parties conducted a review of various timeframes set out in the draft PO, which did not align with the Tribunal’s standard form. Counsel for the City explained that the timelines in the draft PO intended to provide the City with an additional opportunity for City Council to discuss the appeal at its meeting scheduled for May 22 – 24, 2024, and provide instructions if there was the possibility of a settlement.

7The Tribunal agreed with the City that additional flexibility was appropriate in this circumstance and approved the draft PO and IL.

8Subsequent to the CMC, the Parties submitted a final PO and IL which is attached as Schedule 1 to this Decision. The PO and IL has been reviewed and approved by the Tribunal and shall govern the pre-hearing procedural requirements and the hearing of the appeal.

ORDER

9The case management directives set out above are so ordered.

10The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.

“C. Hardy”

c. hardy

MEMBER

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

CASE NO.: OLT- 23-000654

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

Applicant and Appellant: Islington Village Development Inc.

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

Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses

Reference Number: 22 139836 WET 03 OZ

Property Address: 4884-4896 Dundas Street West

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000654

OLT Lead Case No.: OLT-23-000654

OLT Case Name: Islington Village Development Inc. 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: Islington Village Development Inc.

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

Description: To redevelop the Property with a 29-storey mixed-use building with office, retail and residential uses

Reference Number: 22 139836 WET 03 OZ

Property Address: 4884-4896 Dundas Street West

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000655

OLT Lead Case No.: OLT-23-000654

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 June 17, 2024 at 10 a.m. in accordance with the following links:

Virtual Link: https://global.gotomeeting.com/join/656004293 , Access Code: 656-004-293

Audio-only: (Toll Free) 1-888-299-1889, Access Code: 656-004-293

3. The length of the hearing will be 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 procedural order deadlines are generally found in Attachment 1.

5. The parties and participants identified at the case management conference are listed in Attachment 2 to this Order.

6. The issues are set out in the Issues List attached as Attachment 3 to this Order. 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 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.

8. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number.

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. 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 Friday, March 8, 2024, and in accordance with paragraph 24 below. 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,. In the event of a dispute, the Tribunal may be spoken to.

11. 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, including, for every expert witness, the expert witness’ Curriculum Vitae, Acknowledgement of Expert Duty form and the area of expertise in which the witness is prepared to be qualified, and the order in which the witnesses will be called. This list must be delivered on or before Thursday, March 28, 2024, and in accordance with paragraph 25 below. 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 and notice of same must be served on the other parties on or before Friday, April 12, 2024.

12. Expert witnesses in the same field shall have at least one meeting on or before Friday April 19, 2024 and use best efforts to try to resolve or reduce issues for the hearing. Following the experts’ meeting, the experts must prepare and file a Statement of Agreed Facts and Issues with the Tribunal case coordinator on or before Friday, April 26, 2024.

13. 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 information must be provided as in paragraph 15 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. 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 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 paragraph 15 below.

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 15 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 15 below.

15. On or before Monday, May 6, 2024, the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

16. On or before Monday, May 6, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before Tuesday, May 21, 2024, the parties may provide to all other parties a written response to any written evidence in accordance with paragraph 24 below.

18. On or before Monday, May 27, 2024, the parties shall advise the Tribunal of whether any hearing dates scheduled for this matter may be released from the Tribunal’s calendar. This request may only be made on consent of all of the parties. If no hearing dates are intended to be released from the Tribunal’s calendar, no party is required to advise the Tribunal of anything further in that regard.

19. On or before Thursday, May 30, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. 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.

20. 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.

21. 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.

22. On or before Friday, June 7, 2024, the parties shall prepare and file a preliminary hearing plan 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.

23. The Parties shall prepare a Joint Document Book which shall be shared with the OLT case coordinator on or before Monday, June 10, 2024.

24. 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 Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by paragraph 10 above. The Tribunal’s Rule 17 applies to such requests.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is not seized.

So orders the Tribunal

ATTACHMENT 1 SUMMARY OF DATES

DATE	EVENT
March 8, 2024	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
March 28, 2024	Exchange of witness lists (names, disciplines and order to be called)
April 12, 2024	Last date to challenge identification of expert witness
April 19, 2024	Deadline for experts’ meeting to be held
April 26, 2024	Agreed statement of facts and issues
May 6, 2024	Exchange of witness/expert statements, expert reports, written participant statements and summoned witness outlines
May 21, 2024	Exchange written responses to written evidence (if any)
May 27, 2024	Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
May 30, 2024	Exchange of visual evidence (if any)
June 7, 2024	Preliminary hearing plan filed with the Tribunal
June 10, 2024	Finalize Joint Document Book
June 17, 2024	Hearing commences

ATTACHMENT 2 LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel/*Agent

1. Islington Village Developments Inc.

Calvin Lantz Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: clantz@stikeman.com Tel.: 416-869-5669

Donya Yarahmadi Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 E-mail: dyarahmadi@stikeman.com Tel.: 416-869-6822

2. City of Toronto

Jessica Amey City of Toronto, Planning and Administrative Tribunal Law Metro Hall, floor 25 55 John Street Toronto, ON M5V 3C6 E-mail: jessica.amey@toronto.ca Tel.: 416-397-1890

Cameron McKeich City of Toronto, Planning and Administrative Tribunal Law Metro Hall, Floor 26 55 John Street Toronto, ON M5V 3C6 E-mail: cameron.mckeich@toronto.ca Tel.: 416-338-4891

B. PARTICIPANTS

1. Valerie Gibson 38 Burnhamthorpe Crescent, Etobicoke, ON M9A 1G4 Tel.: 416-237-2733 E-mail: valeriegibson@rogers.com

2. Crystal Page 34 Burnhamthorpe Crescent, Etobicoke, ON M9A 1G4 Tel.: 647-828-9524 E-mail: crystalpage@gmail.com

3. Carolyn Booth (no address provided) Tel.: 416-319-2738 Email: carolynbooth@rogers.com

ATTACHMENT 3 ISSUES LIST

City of Toronto Issues List

4884-4896 Dundas Street West

Planning Act

1. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the matters of provincial interest set forth in Section 2 of the Planning Act, including but not limited to (h), (j), (p) and (r)?

Provincial Policy Statement (2020)

2. Is the proposed development, Official Plan Amendment and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020), including but not limited to 1.1.1, 1.1.3.3, 1.1.3.4, 1.4, 1.7, 1.8, 2.6 and 4.6?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)

3. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform to, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe, including Sections 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.6, 4.2.7 and 5.2.5.6?

City of Toronto Official Plan

4. Does the proposed development, Official Plan Amendment and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan including with respect to Growth Management – Centres (Chapter 2.2.2), Healthy Neighbourhoods (Chapter 2.3.1), Public Realm (Chapter 3.1.1), Built Form (Chapters 3.1.3 and 3.1.4), Heritage Conservation (Chapter 3.1.6), Housing (Chapter 3.2.1), Parks and Open Spaces (Chapter 3.2.3), Mixed Use Areas (Chapter 4.5), and Implementation (Chapter 5)?

5. Does the proposed Official Plan Amendment and Zoning By-law Amendment Application meet the intent of and conforms with the policies of the Etobicoke Centre Secondary Plan including those relating to the Islington Village: 3.3.1, 3.3.1.1, 3.3.1.2, 3.3.1.4, 3.3.1.5, 3.4, 3.9, 3.10, 3.13.3?

Guidelines

6. Does the proposed development meet the general intent and purpose of the Etobicoke Centre Urban Design Guidelines?

7. Does the proposed development meet the general intent and purpose of the Etobicoke Centre Public Space & Streetscape Plan?

8. Does the proposed development meet the general intent and purpose of City of Toronto Tall Building Design Guidelines?

9. Does the proposed development meet the general intent and purpose of Growing Up: Planning for Children in New Vertical Communities Guidelines?

10. Does the proposed forecourt meet the general intent and purpose of the City of Toronto POPS Guidelines?

11. Does the proposed development meet the general intent and purpose of the City of Toronto Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings?

Site Specific Issues

Land Use Planning and Urban Design

12. Does the proposed development represent good land use planning and urban design, having regard to matters such as:

a. The fit of the proposed development within the immediate existing and planned urban structure of the area;

b. The appropriateness of the proposed built form in terms of height, density, transition, massing and scale, separation distances, tower floor plate size, streetwall height, ground floor height and building design;

c. Whether the proposed setbacks and stepbacks are appropriate;

d. Whether the proposed sunlight and daylight access and shadow impacts are appropriate;

e. Whether the proposed development results in comfortable and safe pedestrian level wind conditions appropriate to the intended uses;

f. Whether vehicular access, surface parking and circulation is located and organized appropriately;

g. Whether connectivity through the block is maximized;

h. Whether proposed development establishes appropriate relationships at grade, including provision of an appropriate safe and accessible pedestrian-scale public realm, streetscape and enhanced public space;

i. Whether the size and location of the proposed open space are appropriate;

j. Whether there is appropriate consideration of child and family-friendly unit design in terms of unit type, mix and size as directed by the Growing Up Guidelines; and

k. Whether there is appropriate consideration of pet-friendly amenities as directed by the Pet Friendly Design Guidelines for High Density Communities.

13. Does the proposed development, Official Plan Amendment and Zoning By-law Amendments represent good planning and is it in the public interest?

Heritage Impact

14. Does the proposed development maintain the intent and purpose of the principles set out in the Standards and Guidelines for the Conservation of Historic Places in Canada?

15. Has the proposed development been designed to conserve the cultural heritage values and heritage attributes, and to mitigate visual and physical impact on the designated heritage property located at 4884-4886 Dundas Street West?

Urban Forestry

16. Does the proposed development provide adequate soil volume and replacement tree plantings, including along the Dundas Street West frontage and in the rear of the site?

Transportation and Engineering

17. Has the proposed development and Zoning By-law Amendment demonstrated that there is sufficient water, wastewater and sanitary services available to service the proposed development, taking into account existing, planned and proposed development within the applicable water, wastewater or sanitary servicing distribution network?

18. If not, should a holding (“H”) symbol be imposed on any Zoning By-law Amendment for the lands until such time as sufficient water, wastewater and/or sanitary services can be made available to service the proposed development, including any required improvements and/or upgrades to municipal infrastructure?

19. Does the proposed development appropriately provide for site access and mitigate traffic impacts?

Implementation

20. In the event the Official Plan Amendment and Zoning By-law Amendment are approved in whole or in part, should any final Order be withheld until such time as the City Solicitor advises that:

a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater 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, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

c. The owner has addressed all outstanding issues identified in the Engineering and Construction Services’ correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

d. The owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

e. The owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

f. The owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and

g. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

ATTACHMENT 4 ORDER OF EVIDENCE

1. Islington Village Developments Inc.
2. City of Toronto

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.