Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 25, 2024

CASE NO(S).: OLT-22-004732, OLT-23-001265

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine Subject: By-law No. 2022-97 Description: to re-designate the subject property to permit a cemetery and accessory uses Reference Number: D14-20-02 Property Address: 3999 10th Sideroad Municipality: Town of Bradford West Gwillimbury OLT Case No.: OLT-22-004732 OLT Lead Case No.: OLT-22-004732 OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine Applicant: Ahmadiyya Muslim Jama’at Canada Subject: Proposed Official Plan Amendment Description: to re-designate the lands to permit a cemetery and accessory uses Reference Number: BWG-OPA-22032 Property Address: 3999 10th Sideroad Municipality/UT: Town of Bradford West Gwillimbury/County of Simcoe OLT Case No.: OLT-23-000246 OLT Lead Case No.: OLT-22-004732

PROCEEDING COMMENCED UNDER subsection 85(1) the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, s. 33

Appellant: Len Ferragine Appellant: Doris Becher Nienhaus Appellant: Kevin & Samantha Eek Appellant: Darryl & Kristin Eek Appellant: David & Patricia Eek Applicant: Ahmadiyya Muslim Jama’at Canada Description: To permit the establishment of a cemetery Property Address: 3999 10th Sideroad Municipality: Town of Bradford West Gwillimbury OLT Case No.: OLT-23-001265 OLT Lead Case No.: OLT-22-001265 OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)

Heard: January 8, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel*/Representative
Len Ferragine	Brett Davis* Isaac Tang* (in absentia)
Doris Becher Nienhaus	Marc Kemerer*
Kevin and Samantha Eek	Self-Represented
Darryl and Kristen Eek	Self-Represented
David and Patricia Eek	Self-Represented
Ahmadiyya Muslim Jama’at Canada	Aaron Platt* Alexandra Whyte*
Town of Bradford West Gwillimbury	Leo Longo*
County of Simcoe	Marshall Green*

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON JANUARY 8, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is a further Case Management Conference (“CMC”) regarding appeals by Len Ferragine following the Town of West Gwillimbury’s (Town) passing of By-law No. 22022-97 (“ZBA”) and the adoption of Official Plan Amendment No. 22032 (“OPA”) by the County of Simcoe (“County”) with respect to Ahmadiyya Muslim Jama’at Canada’s (“Applicant” or “AMJC”) property located at 3999 10 Sideroad (“Subject Property”). These appeals were brought under the Planning Act (“PA”) and are now consolidated. These applications seek to re-designate the Subject Property to permit a range of uses, including cemeteries and Places of Worship. Doris Becher Nienhaus was added as a Party to these appeals and four Participants were also added.

2This is also the first CMC regarding appeals by: i) Mr. Ferragine, ii) Ms. Becher Nienhaus, iii) Kevin and Samantha Eek, iv) Darryl and Kristen Eek, and v) David and Patricia Eek, following the Town’s approval to establish, alter, or increase the capacity of a cemetery on the Subject Property, in accordance with the Funeral, Burial, and Cremation, Services Act (“FBCSA”). This CMC was convened to allow proper notice of the Town’s approval to be given, to allow this appeal to catch up with the initial ZBA/OPA appeals, and to potentially allow for the combined hearing of all matters.

NOTICE AND STATUS REQUESTS

3There is no issue with the service of the Notice of this CMC, as a result, no further notice is required.

4In response to the Notice, the Tribunal did not receive any requests for Party or Participant status in advance of the CMC; however, at the CMC, it was requested that the Applicant and the County both be added as Parties to the FBCSA matter. Given their direct interest, the Tribunal added each as a Party as their participation will assist the Tribunal in the efficient adjudication of the matter.

HEARING TOGETHER

5The Tribunal heard submissions from the Parties in favour of consolidating the FBCSA appeal with the PA appeals, as they are substantively similar and will rely on the same evidence. However, the Tribunal determined that as Ms. Becher Nienhaus was added as a non-appellant party to the original appeals under sections 34(19) and 17(36) of the PA and must shelter under issues raised by the appellant party, it would be most efficient to hear the appeals together, as this would not confer the rights of an appellant on Ms. Becher Nienhaus. In short, were Mr. Ferragine (the only appellant to the PA matters) to resolve or withdraw some or all of his issues in the PA appeals, allowing the appeals to be heard together would not confer Ms. Becher Nienhaus with “independent status to continue an appeal should that appeal be withdrawn by [the] appellant party” which is in keeping with Rule 8.3 of the Ontario Land Tribunal Rules of Practice and Procedure. As indicated in paragraph [2], Ms. Becher Nienhaus is an appellant in the FBCSA matter.

UPDATE AND PROCEDURAL ORDER

6There was some discussion regarding the intended level of involvement of the three Eek Family appellants. It was put forward by Mr. Platt that as appellants, full participation was expected, including attendance at all days of the Merit Hearing, and if the Eeks Family only intended to observe, then perhaps the role of Participant would be more appropriate. Following a brief recess, it was determined that the three Eek Family appellants would coordinate with Mr. Ferragine and would be represented by Counsel for Mr. Ferragine, subject to the clearing of any conflicts, which would be done as soon as possible. The Tribunal notes that in their roles as appellants, the Eeks have the right to determine how they will present their cases; the Tribunal cannot compel a party to be represented by Counsel or to call witnesses. The Tribunal also reminds all Parties that they are encouraged to work together to avoid duplication of evidence in support of an efficient Hearing.

7As a result of the FBCSA appeal, the Parties agreed that further discussions would take place imminently. The Parties also agreed that, for the most part, the dates in the existing Procedural Order (“PO”) would continue to be appropriate and that any additional issues particular to the FBCSA appeal would be added to the Issues List (“IL”).

8On the consent of the Parties, the Tribunal opted to change the deliverable date for the exchange of Witness Lists to Friday, January 19, 2024. Mr. Platt agreed to coordinate the revision of the PO, including IL, and provide it to the Tribunal for review and approval on or before Monday, January 15, 2024.

9The Tribunal has received, reviewed and approved the revised PO, including IL. The previous version of the PO is rescinded and replaced with the revised PO, including IL, hereto appended, which will govern these proceedings.

HEARING INFORMATION

10The FBSCA matter, as it is now being heard together with the PA matters, will proceed to a Video Hearing in April 2024 as previously scheduled. After some discussion, the Tribunal determined that the originally agreed upon 17 hearing days would be sufficient.

11For clarity, the Merit Hearing is scheduled to begin on Tuesday, April 9, 2024 at 10 a.m. for 17 days, concluding on Friday, May 3, 2024. No further Notice is required for the Merit Hearing. The Tribunal will not sit on Tuesday, April 23, 2024 nor on Wednesday, April 24, 2024. For the convenience of the reader, the particulars of the Merit Hearing are repeated in this Decision.

12Parties 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://meet.goto.com/348282861

Access code: 348-282-861

13Parties 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

14Persons 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 same as mentioned above.

15Individuals 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.

ORDER

16The Tribunal Orders that:

a) Ahmadiyya Muslim Jama’at Canada and the County of Simcoe are added as Parties to the Funeral, Burial and Cremation Services Act (“FBCSA”) appeal;

b) The Planning Act matters (OLT-22-004732) and the FBCSA matter (OLT-23-001265) will be heard together;

c) The date and particulars of the Video Hearing of the Merits are set out above; and,

d) The Procedural Order including Issues List attached to the previous Decision, is rescinded and replaced with the revised and now final Procedural Order and Issues List, appended as Schedule 1, which will govern these proceedings.

17This Member is not seized on this matter, and no further notice will be given.

“S. Bobka”

S. BOBKA 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

CASE NO(S).: OLT-22-004732 OLT-23-000246 OLT-23-001265

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine Subject: By-law No. 2022-97 Description: to re-designate the subject property to permit a cemetery and accessory uses Reference Number: D14-20-02 Property Address: 3999 10th Sideroad Municipality: Town of Bradford West Gwillimbury OLT Case No.: OLT-22-004732 OLT Lead Case No.: OLT-22-004732 OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Len Ferragine Applicant: Ahmadiyya Muslim Jama’at Canada Subject: Proposed Official Plan Amendment Description: to re-designate the lands to permit a cemetery and accessory uses Reference Number: BWG-OPA-22032 Property Address: 3999 Sideroad 10 Municipality/UT: Town of Bradford West Gwillimbury/County of Simcoe OLT Case No.: OLT-23-000246 OLT Lead Case No.: OLT-22-004732

PROCEEDING COMMENCED UNDER subsection 85(1) of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33

Applicant: Ahmadiyya Muslim Jama’at Canada Appellant: Len Ferragine Appellant: Doris Becher Neinhaus Subject: Establishment of Cemetery or Crematorium Description: To establish a new cemetery Property Address: 3999 Sideroad 10 Municipality/UT: Town of Bradford/West Gwillimbury OLT Case No.: OLT-23-001265 OLT Lead Case No.: OLT-22-004732

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, April 9, 2024 at 10 a.m. through a video- conferencing platform.

3. The parties’ initial estimation for the length of the hearing is 17 hearing days. For clarity, the hearing will be adjourned on April 23rd and 24th. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues 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.

6. The order of evidence shall be as set out in Attachment 3 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. The meaning of the terms used in this Order are set out in Attachment 4.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

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

Requirements Before the Hearing

10. 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 January 19, 2024, and in accordance with paragraph 25 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, signed Acknowledgement of Expert’s Duty Form, and the area of expertise in which the witness is prepared to be qualified. In the event a Party files a list of witnesses that does not include a witness with the technical expertise required to address one or more of such Party’s technically related Issues as set out in Attachment 2, such Issue(s) shall be struck from said Issues List at the written request of any Party.

11. Expert witnesses in the same field shall have a meeting on or before February 2, 2024, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before February 9, 2024.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 16 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

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 16 below.

14. 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 16 below.

15. If the applicant intends to seek approval of a substantially 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 December 17, 2023 The applicant acknowledges that any substantial revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

16. On or before February 23, 2024, the parties shall provide copies of their expert or non- expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 25 below.

17. On or before February 23, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

18. On or before March 15, 2024, the parties shall provide copies of their responding witness statements to the other parties and to the OLT case co-ordinator.

19. On or before March 5, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

20. On or before April 2, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

21. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 27, 2024.

22. 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.

23. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

24. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 2, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

25. All filings shall be submitted electronically. 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. Hard copy shall be provided to the Tribunal upon request.

26. 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.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

LOOPSTRA NIXON LLP 130 Adelaide Street West, Suite 2800 Toronto, ON M5H 3P5 Aaron Platt aplatt@LN.law Alexandra Whyte awhyte@LN.law Tel: 416-977-7088 Lawyers for Ahmadiyya Muslim Jama’at Canada

AIRD & BERLIS Brookfield Place 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Leo F. Longo llongo@airdberlis.com Tel: 416-865-7778 Lawyers for Town of Bradford West Gwillimbury

COUNTY OF SIMCOE – LEGAL SERVICES DEPARTMENT 1110 Highway 26 Midhurst, ON L9X 1N6 Marshall Green Marshall.Green@simcoe.ca Tel: 705-726-9300 ext. 1532 Lawyers for the County of Simcoe

BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Suite 3400 Toronto, ON M5H 4E3 Isaac Tang ITang@blg.com Tel: 416-367-6143 Brett Davis BDavis@blg.com Tel: 416-367-6632 Lawyers for Len Ferragine, Kevin & Samantha Eek, Darryl & Kristin Eek, David & Patricia Eek

DEVRY SMITH FRANK LLP 100-95 Barber Greene Road Toronto, ON M3C 3E9 Marc P. Kemerer marc.kemerer@devrylaw.ca Tel: 416-446-3329 Lawyers for Doris Becher Nienhaus

PARTICIPANTS:

Cynthia Riley 2634 Line 11 Bradford, ON L3Z 3M7 Tel: 289-264-6121 Email: cariley2634@gmail.com

Andy & Anthanasia Karistinos 2882 11th Line Bradford, ON L3Z 3M7 Tel: 647-291-4404 Email: karistinos.ai@gmail.com

Denis Jakac 2822 Line 11 Bradford, ON L37 3M7 Tel: 647-668-1055 Email: ve3zxn@hotmail.com

David Niemi 3107 Line 12 Bradford, ON L3Z 3P4 Tel: 416-688-1924 Email: eijadavidniemi@hotmail.com

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.

Planning Act Appeals

Planning and Agricultural

1. Does the Official Plan Amendment and Zoning By-law Amendment (collectively the “Proposed Amendments”) have regard for matters of provincial interest as set out in Section 2 of the Planning Act, including subsections (a), (b), (e), (o), and (p)?

2. Are the Proposed Amendments consistent with the following policies of the Provincial Policy Statement 2020: Policies 1.1.1(c), 1.7.1(i), 2.2.1(d) and (f), 2.2.2, 2.3.1, 2.3.2, 2.3.3.1, 2.3.6.1, 2.3.6.2?

3. Do the Proposed Amendments conform to Policies 4.2.6(2), (3) and (5) of A Place to Grow: Growth Plan for the Greater Golden Horseshoe?

4. Do the Proposed Amendments conform to the following policies of the Official Plan of the County of Simcoe: Sections 3.6.1, 3.6.2, 3.6.3, 3.6.5, 3.6.10 and 3.6.12(b)?

5. Do the Proposed Amendments maintain the intent and principles of, and do they generally conform to, the following policies of the Official Plan of the Township of Bradford West Gwillimbury: Sections 4.6.1, 7.2.1.3, 7.2.1.4, 7.2.2.1, and 9.2.2.

6. Are the Proposed Amendments in the public interest and do the Proposed Amendments represent good planning?

7. Is the Proposal compatible with the community’s existing character, taking into consideration the surrounding rural and agricultural character of the community?

Hydrogeology and Water Resources

8. Do the studies submitted in support of the Proposed Amendments adequately address hydrogeological issues and concerns arising from the proposed cemetery use, including the burial sites, related to the ‘highly vulnerable aquifer’, ‘significant groundwater recharge area’, and ‘wellhead protection area’ designations applicable to the subject lands?

9. Have there been adequate hydrogeologic studies completed on the subject lands and proposed cemetery use, including the burial sites, on potential impacts to the aquifer, including threats to source water and drinking water supplies (municipal and private wells) located within 500 m of the subject lands?

10. Has the Applicant demonstrated that any environmental impacts of the proposed cemetery use, including the burial sites, on groundwater quality and the natural environment are not required to be mitigated to off-set any adverse effects to the aquifer?

11. Has the Applicant developed a groundwater and/or surface water monitoring program for the subject lands to implement, evaluate and monitor the effects of the cemetery use on water quality downgradient from the site?

12. Has the Applicant appropriately demonstrated the groundwater flow, quantity and direction on the subject lands and towards the neighbouring wells (municipal and/or private), including whether the existing pond affects groundwater flow patterns, whether underlying geologic features may influence groundwater flow, quantity and direction, and whether the groundwater contour plots are accurately presented.

Other Issues

13. Will vehicular and pedestrian traffic associated with funeral services negatively impact local streets during peak events? Have traffic and parking-related impacts been adequately assessed on the road network in this predominantly agricultural and rural setting?

14. Has noise associated with large events or functions occurring as a result of the development facilitated by the Proposed Amendments been adequately assessed and appropriate mitigation measures proposed?

15. Do the Proposed Amendments consider the total impact of future expansion for the permitted uses into the agricultural area, taking into consideration the full extent of the lands owned by the Applicant? Are there appropriate development controls in place?

16. Are “accessory” buildings proposed in fact accessory in scale and purpose?

17. If the Tribunal determines that the Proposed Amendments are appropriate, what are the appropriate conditions to be imposed prior to approving the instruments?

Funeral, Burial and Cremation Services Act Appeals

1. Is the establishment of a cemetery on the subject lands in the public interest, including with respect to the loss of agricultural lands?

2. Is there a demonstrated need for the cemetery?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Ahmadiyya Muslim Jama’at Canada
2. Town of Bradford West Gwillimbury (if participating/required)
3. County of Simcoe (if participating/required)
4. Len Ferragine/ Kevin & Samantha Eek/ Darryl & Kristin Eek/ David & Patricia Eek
5. Doris Becher Nienhaus
6. Ahmadiyya Muslim Jama'at Canada (Reply)

ATTACHMENT 4

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
January 19, 2024	Exchange of list of witnesses and the order in which they will be called
December 17, 2023	Applicant shall provide copies of any revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports to the other parties, if applicable
February 2, 2024	Meetings of expert witnesses to be completed
February 9, 2024	Filing of agreed statement of facts from meetings of expert witnesses
February 23, 2024	Exchange of expert reports/expert witness statements/witness statements, evidence outlines for witnesses under summons.
February 23, 2024	Exchange of Participant Statements
March 15, 2024	Exchange of Responding Witness Statements
March 5, 2024	Confirm with the Tribunal if all the reserved hearing dates are still required
April 2, 2024	Exchange of visual evidence
March 27, 2024	Completion of joint document book
April 2, 2024	Parties to prepare and file hearing plan
April 9, 2024	Hearing commences