Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 24, 2024

CASE NO(S).: OLT-24-000003

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

Applicant and Appellant: 280 Viewmount Limited Partnership

Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make a decision

Description: To permit a thirty-three-storey mixed use residential building

Reference Number: 22 241838 NNY 08 OZ

Property Address: 278 and 280 Viewmount Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-000003

OLT Case Name: 280 Viewmount Limited Partnership v. Toronto (City)

Heard: May 9, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
280 Viewmount Limited Partnership	Rodney Gill Joe Hoffman (in absentia)
City of Toronto	Jamie Dexter Matthew Longo (in absentia)
Maria and Luis de Leo Eduarda Matias	Victor Wong William Friedman

MEMORANDUM OF DECISION DELIVERED BY ERIC S. CROWE AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) for the appeal brought by 280 Viewmount Limited Partnership (“Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision on the Appellant’s application for a zoning by-law amendment (“ZBA”) relating to the lands located at 278 and 280 Viewmount Avenue (“subject lands”). The Appellant seeks the ZBA in order to facilitate a thirty-three-storey mixed-use development on the subject lands.

2In the first CMC, Maria and Luis de Leo Eduarda Matias were granted Party status. There were no further requests for Party Status.

UPDATES

3Prior to the CMC, the Tribunal was in receipt of a Draft Procedural Order (“DPO”) that included a draft of issues.

4The Parties requested that the Tribunal schedule a hearing in 2025, preferably in February 2025. There was discussion on the length of the hearing with a minimum of ten days required, and it was suggested that a draft Procedural Order and Issues List could be finalized with the Tribunal in May 2024.

5Given the complexity of the case and the number of witnesses to be called at the hearing, including two additional Parties, the Tribunal found that it is reasonable to schedule a two-week hearing. The Tribunal scheduled a Hearing for Monday, February 3, 2025 at 10 a.m. by video hearing and ending on Friday, February 14, 2025.

6The Tribunal canvassed the Parties regarding the time needed to prepare a finalized PO and Issues List. On consent, the Tribunal directed that the complete PO be provided to the Case Coordinator no later than Friday, May 17, 2024. Counsel for the Appellant will coordinate and provide the PO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Appellant is requested to advise the Case Coordinator as soon as this is reasonably known.

DISPOSITION

7The Tribunal has received the Final Draft of the PO including the Issues List. The Final PO as approved by the Tribunal is appended to this Order as Attachment 1.

8A ten-day Hearing will be held on Monday, February 3, 2025 at 10 a.m. by video hearing.

9Parties are asked to log in to the CMC at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://meet.goto.com/370987861

Access Code: 370-987-861

10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389. The access code is as indicated above.

11Parties 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

12Individuals 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.

MEDIATION

13Parties were advised of Tribunal-led mediation. The Tribunal encourages the Parties to seek out mediation if issues cannot be resolved.

ORDER

14THE TRIBUNAL ORDERS that a ten-day Hearing will be held on Monday, February 3, 2025, at 10 a.m. by video hearing.

15THE TRIBUNAL approves the Final PO for the future conduct of this proceeding and is appended to this Order as Attachment 1.

"Eric S. Crowe"

ERIC S. CROWE 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.

ATTACHMENT 1

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 February 3, 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be about ten (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. 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 Parts 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/guides/).

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 Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before October 7, 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 October 28, 2024.

10. 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 November 11, 2024, 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 previously provided as in Section 9. Copies must be provided as in Section 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 Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before December 2, 2024 or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

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 Section 14.

14. On or before December 2, 2024, the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before December 20, 2024, the Parties may provide to all other Parties a written response to any written evidence.

16. On or before December 27, 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.

17. On or before January 6, 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.

18. 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.

19. 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.

20. On or before January 6, 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 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.

21. The Parties shall prepare a Joint Document Book on or before January 14, 2025, 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.

22. 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 September 3, 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.

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 the 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 22. 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.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
September 3, 2024	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
October 7, 2024	Exchange of witness lists (names, disciplines and order to be called)
October 28, 2024	Last date to challenge identification of expert witness
November 11, 2024	Experts meeting prior to this date
November 15, 2024	Agreed Statement of Facts
December 2, 2024	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
December 20, 2024	Exchange of Reply Witness Statements (if any)
December 27, 2024	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
January 6, 2025	Exchange of visual evidence (if any)
January 6, 2025	Final Work Plan filed with the Tribunal
January 14, 2025	Finalize Joint Document Book
February 3, 2025	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel/*Agent

1. 280 Viewmount Limited Partnership

Joe Hoffman Goodmans LLP Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Joe Hoffman Email: jhoffman@goodmans.ca Tel: 416.597.5168

2. City of Toronto

Matthew Longo and Jamie Dexter City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 Email: jamie.dexter@toronto.ca matthew.longo@toronto.ca Tel: 416.392.8109 and 416.394.2799

3. Maria and Luis de Leo Eduarda Matias

William Friedman and Victor Wong Friedman LLP 150 Ferrand Drive, Suite 800 Toronto, Ontario M3C 3E5 Email: wf@freidmans.ca and vwfriedmans.ca Tel: 416.496.9940 ext 199 and 416.496.9940 ext 128

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. City of Toronto

General

1. Does the proposed Zoning By-law Amendment represent good planning, good urban design, and is it in the public interest?

Planning Act

2. Do the proposed development and Zoning By-law Amendment have appropriate regard for the following matters of provincial interest set out in Section 2 of the Planning Act: Sections 2 (f), (h), (j), (n), (p), (q), and (r)?

Provincial Policy Statement (2020)

3. Are the proposed development and Zoning By-law Amendment consistent with the following policies of the Provincial Policy Statement (2020): policies 1.1.1, 1.1.3.2, 1.5.1, 1.6.1, 1.6.6.1, 1.6.6.6, 1.7.1 and 4.6?

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

4. Do the proposed development and Zoning By-law Amendment conform to, and not conflict with, the following policies of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020): policies 2.2.1.4, 2.2.4.8, 3.2.1.2, 3.2.6.2, and 3.2.7.1, 3.2.7.2 ?

City of Toronto Official Plan

5. Do the proposed development and Zoning By-law Amendment conform with the City of Toronto Official Plan:

a. Structuring Growth in the City: Integrating Land Use and Transportation (2.2.2 and 2.2.9);

b. Healthy Neighbourhoods (2.3.1.3 and 2.3.1.4);

c. Transportation Change (2.4.3, 2.4.7, and 2.4.22);

d. The Public Realm (3.1.1.2, 3.1.1.3, 3.1.1.6, 3.1.1.13, 3.1.1.14, 3.1.1.15, and 3.1.1.16);

e. Built Form (3.1.3.1, 3.1.3.3, 3.1.3.4, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.3.9, 3.1.3.10, 3.1.3.11, and 3.1.3.13);

f. Built Form – Building Types (3.1.4.8, 3.1.4.9, 3.1.4.10, and 3.1.4.11);

g. Housing (3.2.1.12);

h. Mixed Use Areas (4.5.2); and

i. The Official Plan Guides City Actions (5.3.1.1)

City of Toronto Guidelines

6. Does the proposal have appropriate regard for the Growing Up: Planning for Children in New Vertical Communities (2020)? In particular, does the proposal adequately support the unit size objectives of the Growing Up Guidelines?

7. Does the proposed development have appropriate regard for the City of Toronto Tall Building Guidelines? In particular, does the proposed development meet the intent and purpose of guidelines 3.1.1, 3.1.2, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.2.5, and 4.1, 4.2, 4.3, 4.4?

8. Does the proposed development have appropriate regard for the Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings?

Site Specific Issues

9. Is the site large enough to accommodate the proposed development and conform to the Official Plan policies and urban design and built form criteria noted above in relation to: height, transition, setbacks, stepbacks, and massing, given principles of good planning and urban design?

10. Does the proposed development, its setbacks, and massing preclude the orderly development of adjacent properties on the block?

11. Is the proposed height and density appropriate for the site?

12. Does the proposed development provide appropriate transition in scale to adjacent nearby Neighbourhood designated properties and public realm elements?

13. Is the proposed built form, height, transition, massing and density appropriate for the site, taking into account the resulting privacy/overlook conditions?

14. Is the wind impact of the proposed development acceptable? In particular, does the proposal provide comfortable and safe wind conditions and limit negative wind impacts on proposed outdoor amenity spaces, building entrances, and adjacent public boulevards?

15. Does the proposed development establish appropriate relationships at grade, including setbacks, streetwalls, and the provision of an appropriate pedestrian realm, including contributions to streetscaping, public spaces, and private open spaces?

Trees

16. Is there sufficient space at and below ground along the north property line in order to retain tree #397, including being able to construct outside of the tree protection zone of the tree?

17. Has a sufficient unencumbered (above and below ground) planting area along Marlee Avenue been provided to ensure there is an appropriate tree planting zone?

Housing

18. Does the proposal conform with policy 3.2.1.12 of the City of Toronto Official Plan with regard to the provision of an acceptable Tenant Relocation and Assistance Plan?

Toronto Green Standard

19. Does the proposal meet the requirements of the Toronto Green Standard particularly as it relates to transportation demand management, electric vehicle infrastructure, tree planting, soil volume, stormwater management, and tree planting requirements?

Transportation and Site Circulation

20. Should the proposal provide an appropriate internalized on-site pick-up/drop-off and delivery area at grade, with an appropriate pedestrian route to the main entrance for deliveries and ride-sharing activities? If so, are these matters being provided?

Servicing and Infrastructure

21. Has the applicant demonstrated that there is sufficient infrastructure capacity to accommodate the proposed development (including water, sanitary and stormwater)? Has a revised Hydrogeological Report prepared in accordance with City’s Terms of Reference and revised Functional Servicing and Stormwater Management Report addressing servicing requirements and capacity in the existing municipal infrastructure been provided as per the comments from ECS dated September 5, 2023?

Implementation

22. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, should the issuance of any final Order with respect to the Zoning By-law Amendment be withheld until such time as:

a) the City Solicitor advises that: the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which among other matters may include a holding (H) provision to address municipal servicing;

b) the owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated September 5, 2023, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c) the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow, and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

d) the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

e) There is sufficient space shown within the development for the installation of maintenance access holes and sampling ports on the lands, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f) the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated August 15, 2023, and any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies) as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry & Recreation;

g) the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

h) the owner has submitted a Rental Housing Demolition Application and City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement the decision of City Council or the Chief Planner and Executive Director, as the case may be;

i) the owner has, at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

j) the owner has submitted an updated and complete Toronto Green Standard (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

B. Maria and Luis de Leo Eduarda Matias

1. Does the proposed development contemplated by Zoning By-law Amendment 22 241838 NNY 08 OZ (the “Proposed Development”) conform to the City of Toronto Official Plan in particular, policies 3.1, 3.1.3.1, 3.1.3b, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.4.10b, 3.1.4.11d, and 4.5.2c, 4.5.2d?

2. Does the Proposed Development have appropriate regard for the City of Toronto Tall Building Design Guidelines, in particular, sections 1.3a, 1.3d, 1.4a, 1.4c, 3.2.2a, and 3.2.3?

3. Does the Proposed Development provide for appropriate setbacks and separation distances from adjacent properties?

4. Does the Proposed Development represent good planning and is it in the public interest?

ATTACHMENT 4

ORDER OF EVIDENCE

1. 280 Viewmount Limited Partnership
2. City of Toronto
3. Maria and Luis de Leo Eduarda Matias
4. 280 Viewmount Limited Partnership (reply 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.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

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.

1. 1390-3850-8298