Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-23-000891
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 5012526 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units
Reference Number: OP.20.010
Property Address: Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000891
OLT Lead Case No.: OLT-23-000891
OLT Case Name: 5012526 Ontario Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 5012526 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units
Reference Number: Z.20.031
Property Address: Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000892
OLT Lead Case No.: OLT-23-000891
Heard: April 4, 2024, by Video Hearing
APPEARANCES:
Parties Counsel
City of Vaughan (“City”) R. Kehar (Co-Counsel) Z. Al-waadh (Co-Counsel)
5012526 Ontario Inc. (“Appellant”) M. Flowers M. Cook
D’Aversani Holdings Inc. (“D’Aversani”) N. Ast C. Tanzola (in absentia)
Canuck Properties Ltd. (“Canuck”) D. Pateman I. Kagan (in absentia)
DECISION DELIVERED BY S.L. DIONNE AND ORDER OF THE TRIBUNAL
INTRODUCTION
15012526 Ontario Inc. (“Appellant”) appealed the failure or neglect of the City of Vaughan (“City”) to make decisions with respect to the Appellant’s applications for Official Plan and Zoning By-law Amendments within the respective statutory timelines, pursuant to the Planning Act, R.S.O., 1990, c.P.13 (the “Appeals”). This Decision arises from a second Case Management Conference (“CMC”) held to prepare for a hearing on the merits of the Appeals.
2The Subject Property is described as Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6 on Plan 65R-32167, in the City of Vaughan, in the Regional Municipality of York (“Subject Property”), and is located on the north side of Woodbridge Avenue, west of Kipling Avenue. The Appellant is proposing to develop two purpose-built rental apartment buildings, one being five storeys in height and the other being seven storeys in height on the Subject Property.
3The Tribunal received the Affidavit of Service of Jazlyn Kooger, affirmed February 29, 2024, and marked it as Exhibit 1 in this proceeding. The Tribunal is satisfied that it demonstrates proper notice was given and that no further notice is required.
REQUESTS FOR STATUS
4The Parties in this matter include the City, the Appellant, D’Aversani Holdings Inc. and Canuck Properties Ltd., as determined at the first CMC held on January 9, 2024. No requests for Party status were made at this second CMC.
5The Tribunal had set aside, at the time of the first CMC, the Party status request for Stephen Colacitti, on behalf of his mother Maria Colacitti who resides in the condominium building at 8026 Kipling Avenue, to allow them time to obtain more information on the Proposed Development, and to determine if they would be seeking status on the matters or if their interests would be represented by others. Neither of the Colacittis attended this CMC and as such the Tribunal presumes that they no longer seek status in the Appeals.
6There were several written requests for Participant status submitted, and all were reviewed by the Member in advance of this CMC. The Tribunal notes that the issues and concerns regarding the proposed development raised in the written requests for Participant status are virtually the same, if not identical, and include legitimate land use planning concerns regarding access (via easement), traffic, sufficiency of parking, emergency vehicle access, lack of sidewalks for pedestrians, and potential land use conflicts.
7After receiving clarifications on missing details regarding the written requests and interests of those persons seeking Participant status that were in attendance at this CMC, the Tribunal granted Participant status, without objection of the Parties, to the following: Erica Di Mauro of Bayshore Property Management Inc. (Property Managers for the neighbouring lands 8026 and 8032 Kipling Avenue), Joanne Vavaroutsos, a member of the Board of Directors of the condominium corporation (YRSCC 1141) at 8026 Kipling Avenue, and area residents Bess Aztori and Vicky Spizzirri.
8In addition, on the basis of no objections from the Parties, the Tribunal also grants Participant Status to the following: Linda Gabriele (Bayshore Property Management Inc.), Enzo Spizzirri, and Paola and Lucia De Filippis (owners of 350 Woodbridge Avenue).
SETTLEMENT DISCUSSIONS
9Counsel for the City, Mr. Kehar, advised the Tribunal that there have been on-going “without prejudice” discussions between the City and the Appellant, which have culminated in a “without prejudice” settlement proposal made by the Appellant, presented to and accepted by City Council on March 26, 2024. Mr. Kehar advised that City Council has directed that Counsel appear at Tribunal proceeding(s) in support of the proposed revised plan.
10Counsel for the Appellant, Mr. Flowers, provided a high-level description of the Revised Development Proposal, which he submitted is not significantly different from that applied for, in that it includes two “purpose-built rental” residential buildings; the southerly building being seven storeys in height and the northerly building being five storeys in height. Access is proposed by way of a driveway off Woodbridge Avenue for two-way traffic, connecting to surface parking and a ramp to underground parking. The driveway also connects to an existing lane which runs in an east-west direction connecting to Kipling Avenue, which Mr. Flowers submits the Appellant has an easement over. A proposed multi-purpose trail has been introduced on the west side of the Subject Property, intended to provide pedestrian, and cycling access to the north limit of the site, which it is proposed the Appellant will maintain ownership of and provide a public access easement over it. Mr. Flowers indicated that the settlement contemplates that when the lands to the west develop, there is an opportunity to connect the vehicular laneway and convert the trail to a publicly accessible vehicular laneway from Woodbridge Avenue.
11Mr. Flowers advised the Tribunal that the extracts of the City Council meeting minutes (“Minutes”) are not yet available, however the settlement proposal has been shared with the other Parties and talks between them have been initiated.
12Counsel for Canuck Properties Ltd., Mr. Pateman advised the Tribunal that the revised plan has been received, they are not yet in receipt of the Minutes, his client has not been able to digest the proposal, and is not currently in support of the development proposal.
13Counsel for D’Aversani Holdings Inc. (D’Aversani”), Ms. Ast echoed the comments of Mr. Pateman and that her client is still reviewing the proposal. She also advised the Tribunal that they have identified some issues and are happy to work through the list of issues at this time.
14The Tribunal received a Draft Procedural Order and Issues List submitted by the Parties. Based on the on-going discussions related to the proposed settlement, Counsel for the Parties all agreed that it was reasonable that the Issues List could be finalized within two weeks of the CMC (April 18, 2024).
15The Appellant requested, and the other Parties consented to, the scheduling of a five-day hearing on the merits of the Appeals. The Tribunal was advised that the Parties anticipate calling witnesses to proffer evidence in the areas of land use planning and transportation engineering.
16The Tribunal inquired as to whether there were any other matters to be addressed and the Parties indicated there were none.
NEXT STEPS
17A five-day Hearing on the merits of the Appeals will commence at 10 a.m. on Monday, June 3, 2024, by way of a Video Hearing.
18Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
19Parties and Participants are asked to access and setup the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application available: https://app.gotomeeting.com/home.html.
20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
21Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
22The Tribunal is in receipt of the revised Procedural Order and Issues List, appended hereto as Schedule 1, and finds it acceptable.
ORDER
23THE TRIBUNAL ORDERS that:
a. Bess Aztori, Paolo and Lucia De Filippis, Erica Di Mauro, Linda Gabriele, Vicky Spizzirri, Enzo Spizzirri, and Joanne Vavaroutsos are granted Participant status to these proceedings.
b. A Hearing on the merits of the Appeals will commence on Monday, June 3, 2024, at 10 a.m. by Video Hearing for a period of five (5) days.
c. The Procedural Order appended as Schedule 1 to this Decision shall govern the Hearing.
24No further notice is required.
25This Member is not seized.
“S.L. Dionne”
S.L. Dionne
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE 1
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CASE NO(S).: OLT-23-000891
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 5012526 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units
Reference Number: OP.20.010
Property Address: Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167
Municipality/UT: Vaughan/York
OLT Case No.:: OLT-23-000891
OLT Lead Case No.: OLT-23-000891
OLT Case Name: 5012526 Ontario Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 5012526 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units
Reference Number: Z.20.031
Property Address: Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000892
OLT Lead Case No.: OLT-23-000891
PROCEDURAL ORDER
Organization of the Hearing
The Hearing will begin on Monday, June 3, 2024 at 10 a.m. Unless otherwise subsequently ordered by the Tribunal, the Hearing shall proceed by video conference.
The Parties’ initial estimation for the length of the Hearing is 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.
The Parties and Participants identified at the case management conference are set out in Attachment 1.
The current issues for the Hearing are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3. The Tribunal may limit the amount of time allocated for opening statements, direct evidence (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.
The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.
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/tribunals/lpat/).
Requirements Before the Hearing
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 on or before Friday, May 3, 2024, and in accordance with paragraph 23 below. A Party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the 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 Monday, May 13, 2024.
Expert witnesses in the same field shall have a meeting on or before Friday, May 10, 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 Case Co-ordinator on or before Friday, May 10, 2024.
An expert witness shall prepare an Expert Witness Statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the Hearing. Copies of this must be provided as in paragraph 13 below. Instead of an Expert 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.
Expert witnesses who are under summons and not paid to produce a report do not have to file an Expert Witness Statement; but the Party calling them must file a brief outline of the expert’s evidence as in paragraph 13 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.
On or before Friday, May 17, 2024, the Parties shall provide copies of their Witness Statements and Expert Witness Statements to the other Parties and to the Case Co-ordinator and in accordance with paragraph 23 below.
On or before Friday, May 17, 2024, a Participant shall provide copies of their written Participant Statement to the Parties and the Case Co-ordinator in accordance with paragraph 23 below. A Participant cannot present oral evidence or submissions at the Hearing unless ordered by the Tribunal.
On or before Friday, May 10, 2024, the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
Parties may provide to all other Parties and the Case Co-ordinator a written response to any Written Evidence on or before Monday, May 27, 2024, and in accordance with paragraph 23 below.
On or before Monday, May 27, 2024, the Parties shall provide copies of their visual evidence to all other Parties in accordance with paragraph 23 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.
The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the Case Co-ordinator on or before Wednesday, May 29, 2024.
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.
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 on or before Wednesday, May 29, 2024 that the written evidence is not part of their record.
The Parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before Wednesday, May 29, 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 direct, cross-examination and re-direct 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.
Any documents which may be used by a Party in cross-examination of an opposing Party’s witness shall be password protected, and only be accessible to the Tribunal and the other Parties if introduced as evidence at the Hearing.
All filing shall be electronic. 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.
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.
A summary of the various procedural dates is contained in Attachment 5.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1 LIST OF PARTIES AND PARTICIPANTS
PARTIES
5012526 Ontario Inc. Davies Howe LLP The Tenth Floor 425 Adelaide St. W. Toronto, Ontario M5V 3C1 Mark Flowers Email: markf@davieshowe.com Tel: 416-263-4513 Michael Cook Email: michaelc@davieshowe.com Tel: 416-263-4515
CITY OF VAUGHAN WeirFoulds LLP Suite 201, 1320 Cornwall Rd. Oakville, Ontario L6J 7W5 Raj Kehar Email: rkehar@weirfoulds.com Tel: 416-947-5051 Zaynab Al-waadh Email: zaynab.al-waadh@vaughan.ca Tel: 905-832-8585 ext. 8063 Effie Lidakis Email: effie.lidakis@vaughan.ca Tel: 905-832-8585 ext. 8851
D’Aversani Holdings Inc. Overland LLP 1101-5255 Yonge St. North York, Ontario M2N 5P8 Christopher Tanzola Email: ctanzola@overlandllp.ca Tel: 416-730-0645 Natalie Ast Email: nast@overlandllp.ca Tel: 416-730-0387
Canuck Properties Ltd. Kagan Shastri DeMelo Winer Park LLP 188 Avenue Rd. Toronto, Ontario M5R 2J1 Ira Kagan Email: ikagan@ksllp.ca Tel: 437-781-9549 Douglas Pateman Email: dpateman@ksllp.ca Tel: 437-780-3586
PARTICIPANTS
Bess Atzori/YRSCC 1141 Email: bessieatzori@gmail.com Tel: 419-875-7191
Paola and Lucia De Filippis/YRSCC 1141 Email: lucy.defilippis@rogers.com Tel: 416-948-0025
Joanne Vavaroutsos/YRSCC 1141 Email: jvavaroutsos@rogers.com Tel: 416-886-3710
Linda Gabriele/Bayshore Property Management Inc. Email: lgabriele@bpmgmt.ca Tel: 416-648-4801 or 705-722-3700 ext. 257
Erica Di Mauro/Bayshore Property Management Inc. Email: edimauro@bpmgmt.ca Tel: 647-282-6505 or 705-722-3700 ext. 245
Vicky Spizzirri Email: victtoriabs83@gmail.com Tel: 416-948-3411
Enzo Spizzirri Email: e.8026kipling@gmail.com Tel: 416-806-3069
ATTACHMENT 2 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 relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a party indicates that party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other parties the case they need to meet.
D’Aversani Holdings Inc.
Is the proposed east side-yard setback appropriate as it relates to the 7960 Kipling Avenue property?
Is the proposed 7-storey built form of the South Building along the eastern property line appropriate as it relates to the 7960 Kipling Avenue Property?
If the 7-storey building is found to be appropriate, should there be a prohibition on windows on the eastern property line to address the reduced setback?
Does the proposed development provide for an appropriate transportation network and circulation as it relates to other sites located on the north-west corner of Kipling and Woodbridge Avenues?
With respect to the 7960 Kipling Avenue property, does the proposed development provide for an appropriate property-to-property interface regarding hard and soft-scaped areas between the properties.
Has there been appropriate regard for compatibility as it relates to the commercial bakery activities located on the 7960 Kipling Avenue property? Would a holding provision be appropriate in this regard?
Does the proposed development have appropriate regard for the policies in the Vaughan Official Plan 2010, including the following policies: 9.1.2.7, 9.2.3.5, 10.1.2.5, and 10.1.2.6?
Does the proposed development have appropriate regard for the Kipling Avenue Corridor Secondary Plan, including the following policies: 11.5.1.4, 11.5.2.5, 11.5.2.6, 11.5.2.7, 11.5.3.22-11.5.3.25 and 11.5.21?
Does the proposed development have appropriate regard to the Vaughan City-Wide Urban Design Guidelines including Sections 4.3.1, 5.2.1, 5.2.8, 5.2.9, 5.2.11, 5.2.16, 5.3.3, 5.3.4, 5.3.6, 5.3.7?
Canuck Properties Ltd.
- Should the proposed development accommodate vehicle access to/from Woodbridge Avenue to serve the future residential redevelopment of 8214 Kipling Avenue (i.e. the current Woodbridge Foam lands) or the future use of that property as a GO station?
a. If the answer is YES, does the proposed development accomplish that and if it does not, then should such vehicle access be through a public road, public easement or private easement?
- Is there a need to address the need to improve or maintain pedestrian, cycling, transit and vehicular connections in the area?
a. If the answer is YES, then does the proposed development adequately achieve it?
Does the proposed public easement provide a sufficient right of way to meet the City of Vaughan's Performance Standard No. 4.3.4 and 5.2.8?
In light of the above, is the proposed development in the public interest and does it represent good planning?
ATTACHMENT 3 ORDER OF EVIDENCE
5012526 Ontario Inc.
City of Vaughan
D’Aversani Holdings Inc.
Canuck Properties Ltd.
5012526 Ontario Inc. (Reply)
ATTACHMENT 4 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 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, group 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). Subsection 33.2 of the Local Planning Appeal 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 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 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 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 wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.
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 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-direct examination by the Party presenting the witness; or
another order of examination mutually agreed among the Parties or directed by the Tribunal.
ATTACHMENT 5 SUMMARY OF PROCEDURAL DATES
| DATE | EVENT |
|---|---|
| May 3, 2024 | Exchange of list of witnesses and the order in which they will be called |
| May 10, 2024 | Deadline for meeting of expert witnesses in the same field |
| May 10, 2024 | Filing of agreed statement of facts and parties to advise Tribunal if all hearing dates are required |
| May 17, 2024 | Exchange of expert reports/expert witness statements/written evidence, evidence outlines for witnesses under summons, participant statements |
| May 13, 2024 | Challenges to qualifications of witnesses, if any |
| May 27, 2024 | Exchange of reply witness statements, if any |
| May 27, 2024 | Exchange of visual evidence |
| May 29, 2024 | Filing of joint document book |
| May 29, 2024 | Filing of a hearing plan and deadline to advise re: any witness whose evidence not to form part of record |
| June 3, 2024 | Hearing commences |