Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 01, 2024

CASE NO(S).: OLT-23-001023 (Formerly PL150303)

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

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Reference Number: OPA 2014-006

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001023

Legacy Case No: PL150303

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

Case Name: Magnum Opus Developments (Ajax) Corp. v. Durham (Regional Municipality)

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Failure of the Region of Durham to announce a decision respecting Proposed Official Plan Amendment No. OPA 2014-006

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001042

OMB File No.: PL150459

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

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

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Application to amend Zoning By-law No. 95-2003 - neglect of the Town of Ajax to make a decision

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Reference Number: Z2/11

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001043

Legacy Case No: PL150460

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Proposed Plan of Subdivision - Failure of the Town of Ajax to make a decision

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

Municipality File No.: S-A-2011-02

OLT Case No: OLT-23-000422

Legacy Case No: PL150461

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

Heard: April 15, 2024, by video hearing

APPEARANCES:

Parties

Counsel/Representative*

Shoal Bayly Ontario Inc.

Michael Cook

(“Applicant”/“Appellant”)

John Alati (in absentia)

Town of Ajax

John Hart

(“Town”)

Andrew Biggart

Regional Municipality of Durham

Robert Woon

(“Region”)

Toronto and Region Conservation

Steven Heuchert*

Authority

(“TRCA”)

Daste Investments (Bayly) Ltd.

Katarzyna Sliwa

and Finchrose Developments

Michael James

Corporation

(“Daste and Finchrose”)

MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON APRIL 15, 2024 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) regarding this matter. At the January CMC, the Tribunal heard that several issues related to the applications were resolved but that others remain, and the Town, with the support of the other Parties, submitted that further time was required to study the proposal before setting a hearing date.

2The Tribunal concurred with this request and scheduled this CMC. The Parties were directed to provide an update prior to this CMC indicating whether a negotiated settlement was reached and if not, provide a draft Procedural Order (“PO”) with the consent of the Parties for consideration of the Tribunal.

3The Applicant/Appellant submitted a draft PO prior to this CMC with the consent of the Parties. A final draft was submitted to the Tribunal following the CMC which was reviewed and approved (see Schedule 1).

4The Applicant/Appellant provided an update to the Tribunal indicating that while progress has been made on the issues, there are several that remain unresolved and requested that a hearing date be set in the fall of 2024. The other Parties concurred with the update provided except for the Town which preferred that a hearing date be set for mid-February. The Parties estimated that three to five witnesses would be required by each of the Applicant/Appellant, the Region and the Town in the areas of land use planning, urban design, engineering and transportation.

5The Parties are aware of Tribunal-led mediation and indicated that they continue to have productive discussions and do not require assistance.

6Steven Heuchert, Associate Director of Development and Planning with the Toronto Region Conservation Authority (“TRCA”), indicated that the TRCA has reached an agreement with the Applicant/Appellant on a list of conditions to be fulfilled as part of the development plan. He requested the TRCA be removed as a Party to this case and that they would monitor the proceedings through updates provided to them from the Town.

7The Tribunal granted the request of the TRCA to be removed as Party given the rationale provided and with the consent of the Applicant/Appellant and additional Parties.

8The Tribunal, having heard the submissions from all Parties, determined that a nine-day hearing will convene on Tuesday, February 18, 2025, at 10 a.m. by video. No further Notice will be issued. This Member is not seized.

9The Tribunal also directed the Parties to provide a written update to the assigned case coordinator by Monday, January 13, 2025, to indicate if a settlement has been reached and if not, to confirm the number of days required for the hearing.

10Parties 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:

https://global.gotomeeting.com/join/914098901

Access code: 914-098-901

11Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

12Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.

13Individuals 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 hearing by video 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.

ORDERS

14THE TRIBUNAL ORDERS THAT

1. The Toronto Region Conservation Authority be removed as a Party as requested in paragraph six above.

2. A nine-day hearing commence as per the details set out in paragraph [8] to [12] and the Procedural Order, attached as Schedule 1 to this Order, is approved and in full effect.

“Gregory J. Ingram”

GREGORY J. INGRAM

MEMBER

Ontario Land Tribunal

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

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

SCHEDULE 1

CASE NO(S).: OLT-23-001023

(Formerly PL150303)

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

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Reference Number: OPA 2014-006

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001023

Legacy Case No: PL150459

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

Case Name: Magnum Opus Developments (Ajax) Corp. v. Durham (Regional Municipality)

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Failure of the Region of Durham to announce a decision respecting Proposed Official Plan Amendment No. OPA 2014-006

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001042

OMB File No.: PL150459

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

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

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Application to amend Zoning By-law No. 95-2003 - neglect of the Town of Ajax to make a decision

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Reference Number: Z2/11

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

OLT Case No: OLT-23-001043

Legacy Case No: PL150460

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Shoal Bayly Ontario Inc.

Subject: Proposed Plan of Subdivision - Failure of the Town of Ajax to make a decision

Description: To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.

Property Address: 727 Shoal Point Road

Municipality/UT: Ajax/Durham

Municipality File No.: S-A-2011-02

OLT Case No: OLT-23-000422

Legacy Case No: PL150461

OLT Lead Case No: OLT-23-001023

Legacy Lead Case No: PL150303

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday, February 18, 2025, at 10:00 a.m. as directed in the Tribunal's Decision and Order.

https://global.gotomeeting.com/join/914098901

Access code: 914-098-901

3. The Parties’ initial estimation of the length of the hearing is nine (9) 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. However, issues may be removed as matters are resolved and issues may be revised in response to changes to the proposed developments.

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 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.

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. 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 the order in which the witnesses are intended to be called. This list must be delivered on or before Monday, October 21, 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, November 8, 2024.

10. Expert witnesses in the same discipline(s) shall have at least one meeting on or before Wednesday, November 20, 2024 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 Friday, November 29, 2023, if this meeting takes place and if agreement is reached.

11. 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. Copies must be provided as in paragraph 14. 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 paragraph 14.

12. A participant must provide to the Tribunal and the Parties a participant statement on or before Friday, December 13, 2024. 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.

13. 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 14.

14. On or before Friday, December 13, 2024, the Parties shall provide copies of their expert witness statements to the other Parties.

15. On or before Monday, January 13, 2025, 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 at that time, no Party is required to advise the Tribunal anything further in that regard. A written update is also to be provided to the Case Coordinator assigned by the Tribunal on this date.

16. On or before Friday, January 17, 2024, the Parties may provide to all other Parties a written response to any written evidence.

17. 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 days before the Tribunal hears the motion.

18. The Parties shall prepare and provide to the Tribunal a Joint Document Book on or before Friday, February 7, 2025. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 22.

19. On or before Tuesday, February 11, 2025, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

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 days before the hearing that the written evidence is not part of their record.

21. On or before Tuesday, February 11, 2025, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should guide the Hearing Event, 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. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). If requested, 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. Paragraph 22 applies regardless if the hearing event is in-person or electronic.

23. 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.

24. 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.

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

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

October 21, 2024 (120 days prior to hearing)

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

November 8, 2024 (102 days prior to hearing)

Last date to challenge identification of expert witness

November 20, 2024 (90 days prior to hearing)

Experts meeting prior to this date

November 29, 2024 (14 days prior to exchange of witness statements)

Agreed Statement of Facts

December 13, 2024 (67 days prior to hearing)

Exchange of Witness Statements, summoned witness outlines, and Participant Statements

January 13, 2025 (36 days prior to hearing)

Parties to Advise the Tribunal if any hearing dates are to be released from the hearing calendar (if any) and provide a written update to the assigned case coordinator.

January 17, 2024 (32 days prior to hearing)

Exchange of Reply Witness Statements (if any)

February 7, 2025 (10 days prior to hearing)

Finalize Joint Document Book

February 11, 2025 (7 days prior to hearing)

Exchange of visual evidence (if any) and filing of final Work Plan filed with the Tribunal

February 18, 2025

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

Parties

1. Shoal Bayly Ontario Inc.

Davies Howe LLP The Tenth Floor 425 Adelaide St. W. Toronto, ON M5V 3C1

John Alati Email: johna@davieshowe.com Tel: 416.263.4509

Michael Cook Email: michaelc@davieshowe.com Tel: 416.263.4515

2. Town of ajax

Ritchie Ketcheson Hart & Biggart LLP 1 Eva Rd. Toronto, ON M9C 4Z5

Andrew Biggart Email: abiggart@ritchieketcheson.com Tel: 416-622-6601

John Hart Email: jhart@ritchieketcheson.com Tel: 416-622-6601

3. The Regional Municipality of Durham

605 Rossland Road E. Whitby, ON L1N 6A3

Robert Woon Email: robert.woon@durham.ca Tel: 905-668-7711 ext. 3867

4. Daste Investments (Bayly) Ltd. and Finchrose Developments Corporation

Dentons Canada LLP

Toronto Dominion Centre

77 King St. W., Suite 400

Toronto, ON M5K 0A1

Katarzyna Sliwa Email: kat.sliwa@dentons.com Tel: 416.863.4628

Michael James Email: michael.james@dentons.com Tel: 416.863.4597

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.

A. Shoal Bayly Ontario Inc.

1. If the draft plan of subdivision is to be approved, what are the appropriate conditions of approval?

B. Town of Ajax

Planning Act, R.S.O. 1990, c. P.13

2. Does the development proposal have regard to sections 2 (a) and (o) of the Planning Act?

Provincial Policy Statement, 2020

3. Is the development proposal consistent with policies 1.1.1 c) and g), 1.6.4, 1.6.6.7 a) and d), and 1.6.7.1 as well as the related definitions, of the Provincial Policy Statement, 2020?

Growth Plan – A Place to Grow

4. Do the applications conform with A Place to Grow, the Growth Plan for the Greater Golden Horseshoe, Office Consolidation, 2020, particularly policies 2.2.1.4(d)(i) and 3.2.2.

Durham Regional Official Plan (DROP)

5. Does the development proposal conform to policies 6.2.1 and 11.1.1 of the DROP?

Town of Ajax Official Plan

6. Does the development proposal conform to policies 2.2.1 b). 2.2.5.1 a), 2.5.4.4 j) i), ii), iii), iv), and v), 4.1.2 d), and 4.2.6 p) of the Town of Ajax Official Plan?

Stormwater Management

7. Does the proposed bioretention system achieve quantity control measures in a manner that meets all applicable design criteria and that its design will not impact the effectiveness of the vegetation protection zone to protect the adjacent Provincially Significant Wetland?

Area Road Improvements

8. Whether the proposed development fails to commit to or specify the timing of construction for the necessary area road improvements as outlined in the conditions of draft plan approval 11. xvii), xviii), xix), xx), xxi) principally approved by the Ontario Municipal Board in its Decision and Order dated July 18, 2017, as well as those indicated in the Traffic Impact Study?

Conditions of Draft Approval

9. Whether it is inappropriate, as proposed by the appellant, to delete or partially delete the following conditions of draft approval that were principally approved by the Ontario Municipal Board in its Decision and Order dated July 18, 2017: Condition 11. xvii), xviii), xix), xx), xxi), xxxv), xxxix), and lv).

General

10. Does the development proposal secure for the payment of servicing and transportation infrastructure improvements required for the development of the subject lands?

11. Is the development proposal appropriate for the development of the subject land?

12. Is the development proposal in the public interest and does it represent good land use planning?

C. Region of Durham

13. Do the applications have regard for matters of provincial interest identified in the Planning Act, particularly sections 2 (f), (h), (o), (q), and (r)?

14. Are the applications consistent with the Provincial Policy Statement, 2020, particularly policies 1.1.1 (c) and (g), 1.2.1 (a) and (d), 1.6.7 and 3.2.2?

15. Do the applications conform to A Place to Grow, the Growth Plan for the Greater Golden Horseshoe, Office Consolidation, 2020, particularly policies 2.2.1.4 (d)(i) and 3.2.2.?

16. Do the applications conform to, and meet the overall goals, objectives and intent of the Region of Durham Official Plan (May 26, 2020 Consolidation), particularly policies 1.3.1 (g) and (k), 2.3.5 e), 2.3.41, 6.2.1, 8B.2.3 c) and d), 11.1.1, 11.3.3, 11.3.34, 14.5.3, 14.7.2 a) and b)?

17. Does the proposed plan of subdivision satisfy the criteria of subsection 51(24) of the Planning Act, particularly sections 51(24)(a),(c) and (e)?

18. Do the proposed intersection improvements at the Bayly Street/Shoal Point Road intersection satisfy the recommendations of the Transportation Impact Study (prepared by GHD, December 2023) for auxiliary lane requirements to the satisfaction of the Town of Ajax and the Regional Municipality of Durham?

19. Will the improvements at the Bayly Street/Shoal Point Road intersection preserve or replace the existing in-boulevard multi-use path along the south side of Bayly Street, including a crossride on the south leg of the intersection?

20. Are the planned upgrades to Shoal Point Road and the proposed collector road network appropriate in place of the formerly planned Shoal Point Road re-alignment?

21. Can traffic generated from the proposed development be accommodated by the existing, approved and proposed road network when considering the density of the proposed development and of adjacent existing and approved development?

22. What are the appropriate conditions of draft approval for the plan of subdivision?

D. Daste Investments (Bayly) Ltd. and Finchrose Developments Corporation

None provided

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. Shoal Bayly Ontario Inc.

2. Town of Ajax

3. Region of Durham

4. Daste Investments (Bayly) Ltd. and Finchrose Developments Corporation (only if required to respond to issues raised by other parties)

5. Reply by Shoal Bayly Ontario Inc.

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. Paragraph 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.