ISSUE DATE: April 5, 2024

CASE NO.: OLT-23-001020

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

Applicant and Appellant: 1728 Bloor West Dev Inc. Subject: Zoning By-law Amendment Description: To permit a 19-storey mixed use building with a total of 99 residential units Reference Number: 23 119823 STE 04 OZ Property Address: 1728 Bloor Street West Municipality/UT: Toronto / Toronto OLT Case No.: OLT-23-001020 OLT Lead Case No.: OLT-23-001020 OLT Case Name: 1728 Bloor West Dev Inc. v. Toronto (City)

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

Appellant: 1728 Bloor West Dev Inc. Subject: Site Plan Description: To permit a 19-storey mixed use building with a total of 99 residential units Reference Number: 23 119833 STE 04 SA Property Address: 1728 Bloor Street West Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001021 OLT Lead Case No.: OLT-23-001020

BEFORE: STEVEN T. MASTORAS MEMBER Friday, the 5th day of April, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on February 15, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on August 12, 2024. The Tribunal has set aside 10 days for the hearing.

“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.

ISSUE DATE:

CASE NO(S).: OLT-23-001020; OLT-23-001021

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

Applicant and Appellant: 1728 Bloor West Dev Inc. Subject: Zoning By-law Amendment Description: To permit a 19-storey mixed use building with a total of 99 residential units Reference Number: 23 119823 STE 04 OZ Property Address: 1728 Bloor Street West Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001020 OLT Lead Case No.: OLT-23-001020 OLT Case Name: 1728 Bloor West Dev Inc. v. Toronto (City)

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

Applicant and Appellant: 1728 Bloor West Dev Inc. Subject: Site Plan Description: To permit a 19-storey mixed use building with a total of 99 residential units Reference Number: 23 119833 STE 04 SA Property Address: 1728 Bloor Street West Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001021 OLT Lead Case No.: OLT-23-001020

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 August 12, 2024 at 10:00am.

3. The parties’ initial estimation for the length of the hearing is 10 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 found in Attachment 1.

5. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

6. The issues are set out in the Issues List attached as Attachment 3. 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 should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

10. 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 at least 130 days prior to the start of the hearing (on or before Friday April 5, 2024). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for the Tribunal to adjourn the hearing.

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 and the order in which they will be called. This list must be delivered at least 120 days prior to the start of the hearing (on or before Friday April 12, 2024) and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

12. Expert witnesses in the same field shall have a meeting at least 100 days prior to the start of the hearing (on or before Friday May 3, 2024) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator at least 90 days prior to the start of the hearing (on or before Tuesday May 14, 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 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.

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 13 below.

15. At least 60 days prior to the start of the hearing (on or before Thursday June 13, 2024), the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

16. At least 60 days prior to the start of the hearing (on or before Thursday June 13, 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. At least 45 days prior to the start of the hearing (on or before Friday June 28, 2024), parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence, in accordance with paragraph 24 below.

18. At least 35 days prior to the start of the hearing (on or before Monday July 8, 2024), the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

19. At least 30 days prior to the start of the hearing (on or before Friday July 12, 2024), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator 20 days prior to the start of the hearing (on or before Tuesday July 23, 2024).

21. 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.

22. 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal at least 20 days prior to the start of the hearing (on or before Tuesday July 23, 2024), with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filings shall be submitted electronically and in hard copy. 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.

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

Attachment 1 Summary of Dates

DATE	EVENT
Friday April 5, 2024 (130 days prior to hearing)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Friday April 12, 2024 (120 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
Friday May 3, 2024 (100 days prior to hearing)	Experts meeting prior to this date, if any
Tuesday May 14, 2024 (90 days before hearing)	Exchange of agreed statement of facts, if any;
Thursday June 13, 2024 (60 days before hearing)	Exchange of witness statements, expert witness statements and participant statements;
Friday June 28, 2024 (45 days prior to hearing)	Exchange of written response to written evidence, if any
Monday July 8, 2024 (35 days before hearing)	Confirm with Tribunal if all hearing dates are required
Friday July 12, 2024 (30 days prior to hearing)	Exchange of visual evidence, if any;
Tuesday July 23, 2024 (20 days prior to hearing)	File joint document book; and File hearing plan with the Tribunal
Monday August 12 – Friday August 23, 2024	Hearing (10 days)

Attachment 2 List of Parties and Participants

Parties:

1728 Bloor West Dev Inc.

Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9 Eileen P.K. Costello Tel: (416) 865-4740 Email: ecostello@airdberlis.com

City of Toronto

City of Toronto Legal Services 55 John Street, 26th Floor, Metro Hall Toronto, ON M5V 3C6

Ray Kallio

Tel: (416) 397-4063 Email: ray.kallio@toronto.ca

Uttra Gautam

Tel: (416) 396-7986 Email: uttra.gautam@toronto.ca

Bloor Keele Holdings Inc.

Weirfoulds LLP Suite 201, 1320 Cornwall Road, Oakville, Ontario, Canada. L6J 7W5

Raj Kehar

Tel: (416) 845-3237 Email: rkehar@weirfoulds.com

Toronto Lithuanian Senior Citizens Inc.

Al Kaminskas (Agent) Tel: (416) 937-2808 Email: al@kaminskas.ca

Attachment 3 Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. 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 OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

A. City of Toronto

Planning Act

1. Do the proposed development and Zoning By-law Amendment have appropriate regard for the matters of provincial interests set forth in Section 2 of the Planning Act, particularly: a) 2(h) – the orderly development of safe and healthy communities; as it relates to scale of development, complete communities, and site organization b) 2(j) – the adequate provision of a full range of housing; as it relates to unit mix c) 2(o) – the protection of health and safety; as it relates to a satisfactory noise study d) 2(r) – the promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant?

2. Would the approval of the proposed development, the Zoning By-law Amendment, and Site Plan Control have regard for any information and material received by City Council, as required by Section 2.1(2) of the Planning Act?

Provincial Policy Statement

3. Are the proposed development, Zoning By-law Amendment, and Site Plan Control consistent with the Provincial Policy Statement (2020) as required by Section 3(5)(a) of the Planning Act, including, but not limited to, Policy 1.1.3.2a)-f), 1.1.3.3, 1.2.6.1, and 4.6 reading the Provincial Policy Statement (2020) in its entirety and applying the relevant policies?

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

4. Does the proposed development, Zoning By-law Amendment, and Site Plan Control conform, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe, including, but not limited to, Section 1.2.1, Policies 2.2.2.3(b), d) and f), 2.2.4.8(b), 2.2.4.9(c)-d), 2.2.6.3 and 5.2.5.6, 2.2.4, 2.2.6, and 5.2.5, reading A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) in its entirety and applying the relevant policies?

City of Toronto Official Plan

5. Does the proposed Zoning By-law Amendment conform to the policies of the City of Toronto Official Plan, including, but not limited to, the following Sections: a) 2.1.1(b), (d) b) 2.2.3 c) 2.2.3.1 d) 2.2.3.2(b) e) 3.1.1.2(a)-(h) f) 3.1.1.13(a),(c) g) 3.1.1.16 h) 3.1.3.1(f) i) 3.1.3.3 j) 3.1.3.4(c) k) 3.1.3.5(a)-(b) l) 3.1.3.6 m) 3.1.3.7 n) 3.1.3.9(a)-(d) o) 3.1.3.10(a) p) 3.1.3.11 q) 3.1.3.13(a)-(h) r) 3.1.4.7 s) 3.1.4.8 t) 3.1.4.10(a)-(e) u) 3.1.4.11(a), (d) v) 3.2.3.1(d) w) 3.4.1(a)(iii) x) 3.4.2 y) 4.5.2(a), (c), (e), (i), (m)

Planning Framework and Design Guidelines

6. Does the proposed development have appropriate regard for the Bloor Dundas Avenue Study including but not limited to the following Urban Design Guideline Sections: a. 6.1.1 b. 6.1.5 c. 6.2.1 d. 6.2.2 Massing & Step-backs e. 6.2.3 Façade Articulation – Upper Storeys

7. Does the proposed development have appropriate regard for, and meet the intent and purposes of, the applicable City of Toronto Guidelines, particularly: a) Tall Building Design Guidelines a. Guidelines 1.3(c)-(d) b. 2.1(b), (c), (h) c. 2.3(l) d. 2.5(a), (d) e. 3.1.1(a), (d) f. 3.2.1(a)-(b) g. 3.2.3(c) h. 4.3 b) Growing Up: Planning for Children in New Vertical Communities a. 2.1(a), (c) b. 2.2(a) c. 2.3 (a), (d) d. 2.8 (a), (b) e. 3.0(a), (b) c) Streetscape Manual a. Bloor Street West, Keele Street to Dundas Street West d) Pet Friendly Design Guidelines for High Density Communities a. 4.1.1(a), (b), (f) b. 4.2.1 c. 4.6.1(e) d. 4.10 e) Development Infrastructure Policy and Standards (DIPS) f) Complete Streets Guidelines; and a. 4.1 g) Toronto Green Standards? a. EC 1.1 b. EC 1.2

Housing

8. Does the proposed development provide for an appropriate mix of two- and three- bedroom units at family-friendly unit sizes among the net new residential units?

Built Form and Public Realm

9. Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as: a) Fit with the existing and planned context; b) The built form, massing and scale, building heights and design, including the impact on: (i) The appropriateness of the proposed built form, massing and scale, building heights, density, and design; (ii) Whether the proposed setbacks and stepbacks are appropriate; (iii) Whether the proposed shadowing is appropriate; (iv) Gradual transition in relation to the scale and character of the surrounding area, including the building to the east; and, (v) Sky-view and sunlight penetration into the public realm, including streetscape; c) Avoiding boxy and slab-like floor plate; d) Providing a well defined and articulated base building; e) Providing adequate landscaping at grade; f) Improving the public realm on Indian Grove and Bloor Street West; g) Avoiding expansive blank walls;

10. Is the scale of development appropriate for the size of the lot?

11. Does the proposed development provide for appropriate transition to adjacent areas in terms of height and scale?

Transportation and Parking

12. Has the extent of the proposed access, loading areas, pick-up and drop-off, and surface parking been limited;

13. Has the loading area and truck maneuvering been located entirely on site;

14. Does the development implement an appropriate Transportation Demand Management plan that demonstrates a reduction of proposed auto drive trips and which justifies the proposed vehicular parking rate; and

15. Are the proposed bicycle parking spaces conveniently and easily accessible?

Servicing

16. Is the proposed development supported by a satisfactory Functional Servicing and Stormwater Management Report that demonstrates that any capacity and servicing concerns respecting the proposed development are addressed in a manner consistent with the procedures set out by the Province and the City such as: a. Design Criteria for Sewers and Water Mains (2021) prepared by the City of Toronto; b. Water Supply for Public Fire Protection (2020) prepared by Fire Underwriters Survey; c. Wet Weather Flow Management Guidelines (2006) prepared by the City of Toronto; and d. Toronto Municipal Code, Chapter 681, Sewers?

17. Is the proposed development supported by a satisfactory Hydrogeological Report that demonstrates the potential groundwater issues, such as, but not limited to, short-term dewatering, long-term discharge, water levels, storm water and ground water infiltration impacts, wet weather conditions have been considered and addressed in accordance with applicable guidelines, the Toronto Municipal Code and applicable provincial regulations or statutes?

18. Is the proposed development supported by a satisfactory Functional Servicing and Stormwater Management Report that demonstrates that the subject site can be adequately serviced by existing City municipal infrastructure?

19. If no in answer to the immediately preceding issue, has the appellant demonstrated what upgrades and/or improvements are required to the City’s municipal infrastructure to accommodate the proposed development and addressed payment for, design and construction of, such upgrades and improvements, including providing financial securities, entering into and registering an agreement with the City?

20. Have the following Site Plan matters been adequately addressed? a. Is the proposed development supported by a satisfactory Stormwater Management Report, Site Servicing Drawing, Site Grading Drawing and any other associated Engineering Drawings that demonstrates that any technical engineering design for servicing and grading for the proposed development is in a manner consistent with the procedures set out by the Province and the City such as: i. Design Criteria for Sewers and Water Mains (2021) prepared by the City of Toronto; ii. Water Supply for Public Fire Protection (2020) prepared by Fire Underwriters Survey; iii. Wet Weather Flow Management Guidelines (2006) prepared by the City of Toronto; iv. Toronto Municipal Code, Chapter 681, Sewers; and v. City of Toronto Design Standard Drawings? b. Is the proposed development supported by a satisfactory Grading, Servicing and associated Engineering Drawings demonstrating any technical engineering design for the proposed works within the traveled portion of the municipal road required to be secured and constructed within a Municipal Infrastructure Agreement?

Amenity Space

21. Does the proposed development provide high-quality and well-designed outdoor amenity spaces that have access to daylight and direct sunlight; provide comfortable wind, shadow, and noise conditions; located away from and physically separated from loading and servicing areas; accommodate existing and mature tree-growth; and promote use in all seasons?

22. Does the proposed development make adequate provision for pet amenities?

Public Interest and Good Planning

23. Are the proposed Zoning By-law Amendment and Site Plan Application good planning and in the public interest and do they provide for good urban design?

24. In the event the proposed development is approved by the Tribunal, in whole or in part, should the proposed development provide an in-kind contribution through the Community Benefits Charge framework?

Conditions

1. If the proposed development is approved, in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that: a) The final form and content of the draft Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b) The owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services. These reports shall determine whether the municipal water, sanitary, and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; c) The owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and d) Necessary studies, including those related to pedestrian level wind impacts, sun shadow, noise and vibration have been updated and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning.

B. Toronto Lithuanian Senior Citizens Inc.

Toronto Lithuanian Senior Citizens Inc. agrees with the issues as stated by the City of Toronto.

Attachment 4 Order of Evidence

1. 1728 Bloor West Dev Inc.
2. City of Toronto
3. Bloor Keele Holdings Inc. (if necessary)
4. Toronto Lithuanian Senior Citizens Inc. (if necessary)
5. 1728 Bloor West Dev Inc. (in reply, if necessary)

Attachment 5 Purpose of the Procedural Order and Meaning of Terms

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.

56230129.2