Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 27, 2024 CASE NO.: OLT-23-000252

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

Appellant: 2941 Eglinton East Limited Partnership Subject: Application to amend former City of Scarborough Employment District Zoning By-law No. 24982 – Failure to make a decision within 90 days Purpose: To permit the construction of two mixed-use residential buildings of 40 and 42 storeys Property Address/Description: 2939 and 2941 Eglinton Avenue East Municipality: City of Toronto Approval Authority File Nos.: 22 202882 ESC 20 OZ OLT Case Nos.: OLT-23-000252 OLT Lead Case No.: OLT-23-000252 OLT Case Name: 2941 Eglinton East Limited Partnership. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A, as amended.

Appellant: 2941 Eglinton East Limited Partnership Subject: Site Plan Control – Failure to make a decision within 60 days Purpose: To permit the construction of two mixed-use residential buildings of 40 and 42 storeys Property Address/Description: 2939 and 2941 Eglinton Avenue East Municipality: City of Toronto Toronto Approval Authority File Nos.: 22 202881 ESC 20 SA OLT Case Nos.: OLT-23-000253 OLT Lead Case No.: OLT-23-000252

BEFORE: M.A. SILLS VICE-CHAIR Tuesday, the 27th day of February, 2024

THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on August 12, 2024.

“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.

ATTACHMENT “A”

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 hearing will begin on Monday, August 12, 2024 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be about 15 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is 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.

7. 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.

8. If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/wp-content/uploads/2023/02/Video-Hearing-Guide.html).

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, to the other Parties on or before Friday, March 8, 2024. 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.

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, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before Monday, April 15, 2024. 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 and notice of same must be served on the other Parties on or before Friday, May 3, 2024.

11. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a 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 Thursday, May 23, 2024, if this meeting takes place and if agreement is reached.

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, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 10. Copies must be provided as in Section 15. 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 other Parties at the same as the delivery of expert witness statements, as in Section 15.

13. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before Friday, June 7, 2024 or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, excepted 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 Section 15.

15. On or before Friday, June 7, 2024, the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

16. On or before Friday, June 28, 2024, the Parties may provide to all other Parties a written response to any written evidence.

17. On or before Wednesday, July 3, 2024, the Parties shall advise the Tribunal of whether any hearings 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 anything further in that regard.

18. On or before Friday, July 12, 2024, 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, 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. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 calendar days before the Tribunal hears the motion.

20. A Party who provides a witness’ written 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 calendar days before the hearing that the written evidence is not part of their record.

21. On or before Friday, July 12, 2024, 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 Tuesday, July 23, 2024, and which 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 Section 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. 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. 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, dated July 2, 2020, or as may be amended. Section 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 by Section 9. 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 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
March 8, 2024 (91 days before Witness Statement Date)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
April 15, 2024 (119 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
May 3, 2024 (101 days prior to hearing)	Last date to challenge identification of expert witness
May 23, 2024 (81 days prior to hearing)	Experts meeting prior to this date
May 23, 2024 (81 days prior to hearing)	Agreed Statement of Facts
June 7, 2024 (66 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
June 28, 2024 (45 days prior to hearing)	Exchange of Reply Witness Statements (if any)
July 3, 2024 (40 days prior to hearing)	Parties to advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
July 12, 2024 (31 days prior to hearing)	Exchange of visual evidence (if any)
July 12, 2024 (31 days prior to hearing)	Final Work Plan filed with the Tribunal
July 23, 2024 (20 days prior to hearing)	Finalize Joint Document Book
August 12, 2024	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

Parties

1. 2941 Eglinton East Limited Partnership Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, Ontario M5V 3C1 Mark Flowers E-mail: markf@davieshowe.com Tel: 416-263-4513 Michael Cook E-mail: michaelc@davieshowe.com Tel: 416-263-4515

2. City of Toronto Legal Services Division 26th Floor, Metro Hall 55 John Street Toronto, Ontario M5V 3C6 Daniel Elmadany E-mail: daniel.elmadany@toronto.ca Tel: 416-392-4827 Ariel Lo-Wong E-mail: ariel.lo-wong@toronto.ca Tel: 416-338-3966

3. Metrolinx Cassels Brock & Blackwell LLP Suite 3200, Bay Adelaide Centre – North Tower 40 Temperance Street Toronto, Ontario M5H 0B4 Signe Leisk E-mail: sleisk@cassels.com Tel: 416-869-5411 Christie Gibson E-mail: cgibson@cassels.com Tel: 416-860-5229

Participants

None identified at this time.

ATTACHMENT 3

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 either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Toronto

Issues for the Zoning By-law Amendment

Planning Act

1. Does the proposed development and Zoning By-law Amendment have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including subsections 2(e), (f), (h), (i), (j), (n), (o), (p), (q), (r) and (s)?

Provincial Policy Statement 2020

2. Is the proposed development and Zoning By-law Amendment consistent with the Provincial Policy Statement as required by Section 3(5) of the Planning Act, including policies 1.1.1, 1.1.3.2, 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.2.1, 1.4.3, 1.5.1, 1.6.1, 1.6.6, 1.6.7, 1.6.8, 2.2 and 4.6?

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

3. Does the proposed development and Zoning By-law Amendment conform to and not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe as required by Section 3(5) of the Planning Act, including policies 1.2.1, 2.2.1.4, 2.2.4, 2.2.6, 3.2.1, 3.2.2, 3.2.3, 3.2.5, 3.2.6, 3.2.7, 5.2.5?

City of Toronto Official Plan

4. Does the proposed development and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the policies related to: a. Section 2.2 (Structuring Growth: Integrating Land Use & Transportation); b. Section 2.2.3 (Avenues: Reurbanizing Arterial Corridors); c. Section 3.1.1 (The Public Realm); d. Section 3.1.3 (Built Form); e. Section 3.1.4 (Built Form – Building Types); f. Section 3.2.1 (Housing); g. Section 3.4 (Natural Environment); h. Section 3.5.3 (Future of Retailing); i. Section 4.5 (Mixed Use Areas); and j. Sections 5.1.2 and 5.3.2 (Implementation)?

Guidelines

5. Does the proposed development and Zoning By-law Amendment meet the intent and purpose of the Tall Building Design Guidelines (2013)?

6. Does the proposed development and Zoning By-law Amendment meet the intent and purpose of the Retail Design Manual (2020)?

7. Does the proposed development and Zoning By-law Amendment meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities, Urban Design Guidelines (2020)?

8. Does the proposed development and Zoning By-law Amendment meet the intent and purpose of the Complete Streets Guidelines (2017)?

Land Use Planning and Urban Design

9. Given that the planning study around the Eglinton GO Station (along Eglinton Avenue East on the north and south side of the Avenue generally between McCowan Road and Mason Road), which includes the subject site has not been completed, has the Avenue study submitted by the applicant: a. identified all new infrastructure and/or upgrades to existing municipal infrastructure required to support the proposal and the anticipated growth in the area contemplated in the Avenue segment study; b. included an assessment of the impacts of incremental development of the entire Avenue segment at a similar form, scale, intensity while appropriately allow for distinguishing circumstances, including impacts on the built form context, public realm, and transportation for the area; and c. demonstrated that the proposed development in the Zoning By-law Amendment will not have an adverse impact within the context of Eglinton Avenue East Avenue Study area?

10. If the answer to Question 9 above is no, is the approval of the proposed Zoning Amendment application premature?

11. Does the proposed development and Zoning By-law Amendment provide for a built form that represents good urban design, including base building heights, tower floor plate size, building height and tower placement and setbacks and is it in conformity with applicable policies and does it meet the intent and purpose of the applicable guidelines?

12. Does the proposed development and Zoning By-law Amendment provide access to direct sunlight and daylight on the public realm, contribute to an appropriate public realm along Eglinton Avenue East, and mitigate wind and shadow impacts on adjacent streets, and adjacent proposed parks and open spaces?

Housing

13. Does the proposed development and Zoning By-law Amendment achieve a balanced mix of unit types and sizes to support the creation of housing suitable for families and meet the intent and purpose of the Growing Up: Planning for New Vertical Communities, Urban Design Guidelines (2020)?

Urban Forestry

14. Has the proposed development and Zoning By-law Amendment demonstrated that the proposed planting and soil volume for trees and their growing space above and below ground will be achieved?

Transportation

15. Does the proposed development and Zoning By-law Amendment protect for lands that may be required from the development site for the transit corridor identified on Map 4 of the Official Plan to support the Eglinton East Light Rail Transit (LRT), both above and below-grade? Is the proposed development and Zoning By-law Amendment adjacent to the planned Eglinton East LRT transit corridor compatible with, and supportive of, the long-term purposes of the corridor and has it been designed to avoid, mitigate or minimize negative impacts on the planned Eglinton East LRT transit corridor?

Servicing

16. 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?

17. 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?

Public Interest and Good Planning

18. Is the proposed Zoning By-law Amendment good planning and in the public interest?

Implementation

19. If the proposed development and Zoning By-law Amendment 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: a. the proposed Zoning By-law Amendment is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor’ b. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required; iv. submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required; v. submitted a revised Arborist Report or addendum and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation; and vi. has addressed the comments from the TTC in their letter dated December 28, 2022.

Additional Issues for the Site Plan Control Application

20. Does the proposed development and Site Plan Control application have regard for section 114 of the City of Toronto Act, including subsection 5?

21. Does the proposed development and Site Plan Control application conform with the policies of the City of Toronto Official Plan, including the policies related to: a. Section 2.2 (Structuring Growth: Integrating Land Use & Transportation); b. Section 3.1.1 (The Public Realm); c. Section 3.1.2 (Public Realm – Higher Order Transit) d. Section 3.1.3 (Built Form); e. Section 3.1.4 (Built Form – Building Types); f. Section 3.4 (Natural Environment); g. Sections 5.1.3 and 5.3.2 (Implementation)?

22. If the answer to Question 9 above is no and the answer to Question 10 above is yes, is the approval of the proposed Site Plan Control Application premature?

Planning and Urban Design

23. Does the proposal provide appropriate landscaping, including to enhance public streets and open spaces and screen parking and servicing from adjacent streets and open spaces?

24. Does the proposed building design and appearance of the development on the land and on the public realm appropriately address the impacts on matters of health, safety, accessibility, and sustainable design?

25. Does the proposed building provide appropriate weather protection along the ground floor areas?

26. Does the proposal provide for appropriate vehicular and pedestrian access and pedestrian movement through the site?

27. Does the proposal provide for an uninterrupted, safe and accessible network of pedestrian routes connecting the site to its surrounding context, including transit infrastructure, parks and open spaces and are such walkways appropriately secured?

28. Are sidewalks provided at an appropriate width along Eglinton Avenue East?

29. Does the proposed development produce acceptable wind impacts on the surrounding pedestrian environment, amenity areas and public realm and provide for appropriate mitigation measures on the plans and drawings?

30. Does the Site Plan Control application achieve a balanced mix of unit types and sizes to support the creation of housing suitable for families and meet the intent and purpose of the Growing Up: Planning for New Vertical Communities, Urban Design Guidelines (2020)?

Urban Forestry

31. Does the proposal provide the appropriate amount, location and species of trees along the City-owned boulevard?

32. If tree removal is contemplated, does the proposal provide for appropriate tree replacement on site?

33. Does the application meet the relevant requirements of the Toronto Green Standard?

34. Has the proposed development and Site Plan application demonstrated that new and existing utilities will not conflict with tree planting?

Servicing

35. Have all site servicing issues, including connections to existing or new infrastructure been demonstrated to be satisfactory?

36. Does the proposal appropriately respond to and provide for the servicing requirements for the development, including water, groundwater pumping and discharge, sewer capacity, location of sewers, storm-water management, hydrogeological conditions and related issues?

37. Does the proposed development ensure maintenance of the existing City sanitary/storm easement on the subject lands and ensure that no building or structure is encroaching, above or belowground, within the easement area?

38. Have the plans and drawings been revised to address the comments in the Memorandum dated September 5, 2023 from Engineering and Construction Services?

Transportation

39. Have the implications of conveyances, including necessary easements or conveyances to the City been appropriately provided for and addressed, including as they relate to the public realm, Eglinton East LRT and within the site, and have they been appropriately planned for?

40. Has the applicant addressed the requirements of the TTC with respect to providing a concrete platform that is 16 metres in length and 2.4 metres in width along the municipal boulevard of Eglinton Avenue East, along the frontage of the subject property?

41. Has the applicant identified and secured the appropriate Transportation Demand Management (TDM) measures to support the proposed development?

Solid Waste Management

42. Have the plans and drawings been revised to address the comments in the Memorandum dated September 5, 2023 from Engineering and Construction Services with respect to solid waste services in Section 1.2, including vertical clearance, slope percentage, minimum reinforced concrete requirements to support the loading space?

43. Does the proposed loading space comply with the requirements of the City of Toronto Requirements for Garbage, Recycling and Organics Collection Services for New Developments and Re-Developments and Chapter 844, Solid Waste of the Municipal Code for residential properties?

Public Interest and Good Planning

44. Do the proposed Site Plan drawings provide for good planning and are they in the public interest?

Implementation

45. What are the appropriate pre-approval conditions of Notice of Approval Conditions (required to be satisfied prior to any Order for site plan approval issuing) in the event the Tribunal determines to allow some form of site plan approval?

46. What are the appropriate final site plan drawings and the appropriate post-approval conditions of Notice of Approval Conditions, to be secured in a site plan agreement to be entered into between the owner and the City and such agreement to be registered on title to the site to the satisfaction of the City Solicitor prior to any Order issuing, in the event the Tribunal determines to allow some form of site plan approval?

47. In the event the Tribunal determines to allow the site plan appeal in whole or in part should the Tribunal Order be withheld respecting such appeal until: a. the related Tribunal Order has issued for the Zoning Appeal such that the related and necessary zoning by-law amendments are in full force and effect; b. the final form and content of the Notice of Approval Conditions for the site plan approval application have been prepared to the satisfaction of the City; and c. the City Solicitor has confirmed that all pre-approval conditions set out in the Notice of Approval Conditions have been satisfied?

2941 Eglinton East Limited Partnership

48. If the site plan application is to be approved, what are the appropriate conditions of approval?

ATTACHMENT 4

ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

1. 2941 Eglinton East Limited Partnership
2. Metrolinx
3. City of Toronto
4. Reply by 2941 Eglinton East Limited Partnership (if any)

ATTACHMENT 5

Purpose of the Procedural Order and 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 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure. Section 17 of the Ontario Land Tribunal Act, 2021 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 and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness 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 the expert’s (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 will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

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, 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.