Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 25, 2024

CASE NO(S).: OLT-23-000861

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

Applicant and Appellant: Kingston Residences Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the redevelopment of the Subject Lands with a 13-storey mixed-use-building with approximately 483 residential units

Reference Number: 22 179753 ESC 25 OZ

Property Address: 4674 Kingston Road

Municipality: City of Toronto

OLT Case No.: OLT-23-000861

OLT Lead Case No.: OLT-23-000861

OLT Case Name: Kingston Residences Inc. v. Toronto (City)

Heard: January 16, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Kingston Residences Inc.	Aaron Platt Bianca Zuzu
City of Toronto	Adam Ward Marc Hardiejowski

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON jANUARY 16, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order arises from the second Case Management Conference (“CMC”) regarding an appeal by Kingston Residences Inc. (“Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), regarding a Zoning By-law Amendment application (“Application”) in the City of Toronto (“City”) for lands municipally known as 4674 Kingston Road (“Subject Lands”).

2The Application seeks to facilitate the redevelopment of the Subject Lands with a 13-storey mixed-use building containing approximately 483 residential units and approximately 665 square metres of non-residential (retail) gross floor area.

3The Application was deemed to be complete by the City as of August 11, 2022. The City did not make a decision on the Application within the statutory timeframe prescribed by the Act and the appeal was filed on that basis.

OPPORTUNITIES FOR SETTLEMENT

4The Parties advised the Tribunal that they have commenced informal settlement discussions and will continue to proceed with same in hopes of reaching a full settlement in advance of a hearing. Should the Parties find that assistance from the Tribunal would benefit their efforts in that regard, they will contact the Tribunal’s Case Coordinator to commence the formal mediation process.

PROCEDURAL ORDER AND ISSUES LIST

5The Parties provided the Tribunal with a Draft Procedural Order (“DPO”) and Draft Issues List (“DIL”) in advance of the CMC, which were generally acceptable to the Tribunal save for a few minor revisions. The Parties were directed to provide the Tribunal with an updated DPO and DIL by no later than Friday, January 19, 2024.

6Having received and reviewed the updated DPO and DIL, the Tribunal hereby approves the Procedural Order and Issues List attached to this Decision and Order as Schedule 1.

HEARING DATES

7The Parties provided the Tribunal with their preliminary estimates for the number and types of witnesses that may be required at a hearing and requested that 15 days be scheduled for same. Given the availability of Counsel and their prospective witnesses, the Parties noted their preference to schedule a hearing for early 2025. Doing so, they proffered, would provide the Parties with ample time to continue settlement discussions and work through some of the more technical issues of this matter.

8The Tribunal agreed with the proposed approach and scheduled a 15-day Video Hearing commencing Monday, January 13, 2025 at 10 a.m.

9Parties 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/692665589

Access Code: 692-665-589

10Parties 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.

11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) + 1 888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

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.

ORDER

13THE TRIBUNAL ORDERS that a Hearing of Merits will commence by Video Hearing on Monday, January 13, 2025 at 10 a.m. 15 consecutive days have been set aside for the Hearing.

14THE TRIBUNAL ORDERS that the Procedural Order and Issues List attached as Schedule 1 to this Order are approved and in-effect and shall govern the proceedings for this matter.

15There will be no further notice.

16This Member is not seized.

“S. Dixon”

S. DIXON

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.: OLT-23-000861

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

Applicant and Appellant: Kingston Residences Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the redevelopment of the Subject Lands with a 13-storey mixed-use-building with approximately 483 residential units

Reference Number: 22 179753 ESC 25 OZ

Property Address: 4674 Kingston Road

Municipality: City of Toronto

OLT Case No.: OLT-23-000861

OLT Lead Case No.: OLT-23-000861

OLT Case Name: Kingston Residences Inc. v. Toronto (City)

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 Monday, January 13, 2025, at 10 a.m. through a video-conferencing platform.

3. The parties’ initial estimation for the length of the hearing is 15 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 found in Attachment 1.

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

5. The issues are set out in the Issues List attached as Attachment 3. With the exception of removal or narrowing of the issues, there will be no changes to this list unless the Tribunal permits and/or the parties consent to the changes. A party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

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. 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

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 and the order in which they will be called. This list must be delivered on or before September 13, 2024, and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to a 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 of Practice and Procedure and notice of same must be served on the parties on or before October 4, 2024.

10. If the applicant intends to seek approval of a substantially revised proposal at the hearing, the applicant shall provide copies of such revised proposal, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports to the other parties on or before July 17, 2024. The applicant acknowledges that any substantial revisions to the proposal after that date without the consent of the parties may be grounds plead by the other parties in a motion to adjourn the hearing.

11. Expert witnesses in the same field shall have a meeting on or before October 15, 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 October 30, 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 13 below. Instead of a witness statement, the expert may file their 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 parties at the same time as the delivery of witness statements, as in paragraph 13.

13. On or before November 18, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 25 below.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13.

15. On or before December 2, 2024, the parties may provide to all other parties a written response to any written evidence.

16. On or before October 4, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before December 9, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before December 24, 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.

19. On or before January 3, 2025, the parties shall provide copies of any responding 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.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 3, 2025.

21. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before the day before said document is to be put to the opposing party’s witness.

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 on or before January 6, 2025, 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 January 6, 2025 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 during 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.

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

SUMMARY OF DATES

DATE	EVENT
November 21, 2023	Case Management Conference #1
January 12, 2024	Draft Procedural Order and Issues List to Tribunal
January 16, 2024	Case Management Conference #2
January 19, 2024	Revised Draft Procedural Order and Issues List to Tribunal
On or before September 13, 2024	Exchange of Witness Lists (names, disciplines, and order to be called)
On or before October 4, 2024	Exchange of Participant Statements
On or before October 15, 2024	Experts Meeting prior to this Date
On or before October 30, 2024	Statement of Agreed Facts and Issues of Expert Witnesses
On or before November 18, 2024	Exchange of Witness Statements, summoned witness outlines, and Expert Reports
On or before December 2, 2024	Exchange of Reply Witness Statements
On or before December 24, 2024	Exchange of Visual Evidence
On or before January 3, 2025	Responding Visual Evidence Joint Document Book
On or before January 6, 2025	Preliminary Hearing Plan to Tribunal
January 13, 2025	Hearing Commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. Kingston Residences Inc.

Loopstra Nixon LLP Suite 2800 130 Adelaide Street West Toronto, ON M5H 3P5 Attention: Aaron I. Platt Email: aplatt@LN.Law Tel: 289-904-2370

2. City of Toronto

Metro Hall 26th Floor 55 John Street Toronto, ON M5V 3C6 Attention: Marc Hardiejowski & Adam Ward Email: marc.hardiejowski@toronto.ca & adam.ward@toronto.ca Tel: 416-392-4960 & 416-394-2787

PARTICIPANTS:

1. Sheila Towgood

4662 Kingston Road, Unit 111 Toronto, ON M1E 4Y7 Email: sheila.towgood@gmail.com Tel: 416-281-5843

2. Deborah Elliott

4662 Kingston Road, Unit 58 Toronto, ON M1E 4Y7 Email: Twintwoi@sympatico.ca Tel: 416-724-0477

3. Richard Skene

4662 Kingston Road, Unit 129 Toronto, ON M1E 4Y7 Email: richard.d.skene@gmail.com Tel: [Unknown]

4. Heather Bruce

4662 Kingston Road, Unit 60 Toronto, ON M1E 4Y7 Email: heather.e.bruce@gmail.com Tel: 647-381-2331

ATTACHMENT 3

ISSUES LIST

Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

Issues List for the City of Toronto

Planning Act

1. Are the proposed development and the proposed Zoning By-law Amendment consistent with the purposes of the Planning Act as set out in Section 1.1, particularly (d), (e) and (f)?
2. Do the proposed development and the proposed Zoning By-law Amendment have regard for the matters of provincial interest as set out in Section 2(a), 2(f), 2(h), 2(p) and 2(r)?
3. Did the City of Toronto make a decision “under” the Planning Act and, if so, would the decision by the Tribunal under the Planning Act to approve the proposed Zoning By-law Amendment have regard for such decision of City Council?

Provincial Policy Statement (2020)

4. Are the proposed development and the proposed Zoning By-law consistent with Policies 1.1.1(g) (Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns), 1.1.3.3 and 1.1.3.4 (Settlement Areas), 1.5 (Public Spaces, Recreation, Parks, Trails and Open Spaces), 1.7 (Long-Term Economic Prosperity), 1.8.1(e),(f),(g) (Energy Conservation, Air Quality and Climate Change) and 4.6 (Implementation) of the Provincial Policy Statement (2020) under the Planning Act as required by Section 3(5) of the Planning Act?

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

5. Do the proposed development and the proposed Zoning By-law Amendment conform to and not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) Policies 2.2.1.4 a), d) and e) (Managing Growth), 2.2.2.3 b), c), d) and f) (Delineated Built-Up Areas), 2.2.5.3 and 2.2.5.4 (Employment), 3.2.1.4 (Integrated Planning), 3.2.2 2 a) and b) (Transportation – General), 3.2.6.2 b) and d) (Water and Wastewater Systems), 3.2.7 b), d), e), and f) (Stormwater Management), and 5.2.4.5 b) and c) (Growth Forecasts), and 5.2.5.6 (Targets) as required by Section 3(5) of the Planning Act?

City of Toronto Official Plan

6. Does the proposed development conform with respect to new developments on lands adjacent to existing or planned transportation corridors that require to be compatible and supportive of the long-term purposes and be designed to avoid, mitigate or minimize negative impacts? (Policy Shaping the City 2.2.3)?
7. Does the proposed development conform to policies of the City of Toronto Official Plan with respect to Service Foundations for Growth (2.2.9)?
8. Does the proposed development provide adequate indoor and outdoor recreation space for building residents? (Policy Mixed Use Areas 4.5.2 (k), Policy Built Form 3.1.3.11 and 3.1.3.13)?
9. Does the proposed development provide adequate tree preservation and conform to policies 3.1.1.16 (Public Realm) and 3.1.3.1 (e) (Built Form)?

Parkland

10. Does the proposed parkland conform with Policy 3.1.1 of the City of Toronto Official Plan, specifically Policy 18 (a)?
11. Does the proposed parkland conform with Policy 3.2.3 of the City of Toronto Official Plan?

Built Form

12. Is the built form, massing, placement and scale of the proposed development appropriate, given principles of good planning and urban design, including the following: the relationship of the proposed development to the surrounding context and transition to and compatibility with the Neighbourhoods to the north and west, (Healthy Neighbourhoods (2.3.1.3), and Mixed Use Areas (4.5.2)?
13. Does the proposed development’s site organization, massing, length and scale establish appropriate relationships at grade on site and in the public realm (Policy Public Realm 3.1.1.2, 3.1.1.6, 3.1.1.13, 3.1.1.14 and Built Form 3.1.3.1, 3.1.3.9, 3.1.3.10)?
14. Does the massing of the proposed development ensure adequate access to or, as the case may be, limit and minimize the impact on overlook and privacy and shadow (Policy 2.3.1.3 (Healthy Neighbourhoods) and Policy 3.1.3.3 (Built Form)?

Guidelines

15. Does the proposed development appropriately respond to and meet the intent and purpose of the Mid-Rise Buildings Performance Standards and Addendum?
16. Does the proposed development appropriately respond to and meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities (2020)?

City and Private Trees

17. Does the proposed development maintain existing large, healthy and significant trees adjacent to the western property boundary? Are the removal or injury of trees, impact on the tree canopy, and the loss of growing space on- and off-site appropriate?
18. Does the proposed development have appropriate regard for and meet the intent of the following guideline documents adopted by City Council:
    1. Every Tree Counts – A Portrait of Toronto’s Urban Forest,
    2. Sustaining and Expanding the Urban Forest: Toronto’s Strategic Forest Management Plan,
    3. Assessing Urban Forest Effects and Values: Toronto’s Urban Forest,
    4. City of Toronto 2018 Tree Canopy Study.
    5. Toronto Green Standards Version 4 measures 1.1, 1.2 and 1.4

Timing of Order

19. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied:

a. the City Solicitor confirms that the form and content of the draft Zoning By-law By-laws are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

b. the owner has submitted revised architectural plans and landscaping plans reflecting the proposal, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted a revised Functional Servicing Report, including a Stormwater Management Report and Hydrogeological Report or addendums ("Engineering Reports"), and to address all the matters in the Engineering and Construction Services Memorandum dated October 11, 2022, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services;

d. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate 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 Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. the owner has submitted a revised Transportation Impact Study or addendum to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required;

f. the owner has ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required;

g. the owner has addressed the matters from the Urban Forestry Memorandum dated October 28, 2022 to the satisfaction of the General Manager, Parks, Forestry and Recreation;

h. the owner has addressed the matters from the Parks Development Memorandum dated August 26, 2022 to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the owner has addressed the comments from the Toronto Transit Commission in their letter dated November 16, 2022.

Issues List for the Appellant

20. Given that the language for the easement purchased by the City from the Appellant’s predecessor in title is explicit in permitting development of the lands above the subsurface lands encumbered by said easement:

a. is a position by the City that would otherwise prevent such unencumbered lands’ redevelopment reflect an expropriation without a taking and/or injurious affection; and

b. if the answer to a. is “Yes”, should the conveyance of any interests in land in favour of the City be addressed as either a (partial) parkland contribution or a Community Benefit Contribution?

ATTACHMENT 4

ORDER OF EVIDENCE

1. Kingston Residences Inc.
2. The City of Toronto
3. Kingston Residences Inc. in reply

ATTACHMENT 5

MEANING OF TERMS USED IN THE PROCEDURAL ORDER

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.