Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 7, 2024
CASE NO.:
OLT-24-000455
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
to facilitate rezoning and sever 10 new lots
Reference Number:
2020-ZBA-05
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000455
OLT Lead Case No:
OLT-24-000455
OLT Case Name:
UCCI Consolidated Companies Inc. v Oro-Medonte (Township)
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-04
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000456
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-05
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000457
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-06
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000458
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-07
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000459
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-08
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000460
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-09
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000461
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-10
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000462
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-11
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000463
OLT Lead Case No:
OLT-24-000455
PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Number:
2020-B-12
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
OLT Case No:
OLT-24-000464
OLT Lead Case No:
OLT-24-000455
BEFORE:
JEAN-PIERRE BLAIS
Wednesday, the 7^th^
MEMBER
day of August, 2024
THE TRIBUNAL ORDERS that further to the Decision issued on July 18, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Monday, December 2, 2024.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Schedule A
LEAD CASE NO(S).: OLT-24-000455
PROCEEDING COMMENCED UNDER Subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
UCCI Consolidated Companies Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To facilitate rezoning and sever 10 new lots
Reference Number:
2020-ZBA-05
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
O.L.T. Case No.
OLT-24-000455
O.L.T. Lead Case No.
OLT- 24-000455
O.L.T. Case Name:
UCCI Consolidated Companies Inc. v Oro-Medonte (Township)
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
UCCI Consolidated Companies Inc.
Subject:
Application for Consent – Failure of Approval Authority to make a decision
Description:
to sever 10 lots
Reference Numbers:
2020-B-04, 2020-B-05, 2020-B-06, 2020-B-07, 2020-B-08, 2020-B-09, 2020-B-10, 2020-B-11, 2020-B-12
Property Address:
Part of Lot 28, Concession 5
Municipality/UT:
Oro-Medonte/Simcoe
O.L.T. Case Nos.
OLT-24-000456, OLT-24-000457, OLT-24-000458, OLT-24-000459, OLT-24-000460, OLT-24-000461, OLT-24-000462, OLT-24-000463, OLT-24-000464
O.L.T. Lead Case No.
OLT-24-000455
PROCEDURAL ORDER
- 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
The video hearing will begin on Monday, December 2, 2024 at 10:00 a.m. No further notice shall be required.
The parties’ initial estimation for the length of the hearing is 9 days concluding on Thursday, December 12. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the Attachment 4 for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. With the exception of the removal or scoping of issues as may be agreed upon between the parties, there will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 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.
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.
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
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 Monday, August 26, 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.
Expert witnesses in the same field shall have a meeting on or before Friday, September 6, 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 Wednesday, September 18, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of 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.
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 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before Friday, October 4, 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 22 below.
On or before Friday, October 4, 2024, a participant shall provide copies of their written participant statement to the other parties and to the OLT case co-ordinator in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Monday, October 28, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Monday, November 4, 2024, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.
On or before Monday, November 18, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before Friday, November 22, 2024, the parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, November 25, 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.
All filings shall be submitted electronically. Hard copies will not be required unless requested by the Tribunal. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
Summary of Dates
Date
Event
Monday, August 26, 2024
Parties to exchange lists of witnesses (names, disciplines and intended order to be called)
Friday, September 6, 2024
Expert witnesses in the same field shall have a meeting
Wednesday, September 18, 2024
Parties must prepare and file a Statement of Agreed Facts and Issues
Friday, October 4, 2024
Witness Statements and Participant Statements to be exchanged
Monday, October 28, 2024
Parties to advise Tribunal whether all the Hearing days are required
Monday, November 4, 2024,
Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged
Monday, November 18, 2024
Visual Evidence to be exchanged
Friday, November 22, 2024
Joint Document Book to be filed
Monday, November 25, 2024
Draft Hearing Plan to be filed
Monday, December 2, 2024
Hearing commences
ATTACHMENT 1 – LIST OF PARTIES / PARTICIPANTS
Parties
UCCI Consolidated Companies Inc.
DAVIES HOWE LLP
The Tenth Floor
425 Adelaide Street West, 10^th^ Floor
Toronto, Ontario
M5V 3C1
Meaghan McDermid / Grace O’Brien
Tel: (416) 977-7088
Email: meaghanm@davieshowe.com / graceo@davieshowe.com
Township of Oro Medonte
RUSSELL, CHRISTIE, LLP 505 Memorial Ave., P.O. Box 158 Orillia, Ontario L3V 6J3
Jennifer E. Biggar Tel: (705) 325-1326 Email: jbiggar@russellchristie.com
Stephen and Shannon Schroeter
G. STEPHEN WATT, BARRISTER AND SOLICITOR 23 Mississauga Street West Orillia, Ontario L3V 3A5
Stephen Watt Tel: (416) 300-1386 Email: swatt@municipal-law.ca
Participants
The County of Simcoe
1110 Highway 26
Midhurst, Ontario
L9X 1N6
Samantha Trottola
Tel: (705) 726-9300
Email: samantha.trottola@simcoe.ca
Nicola Stubbs
Tel: (780) 940-1501
Email: nlaberge@ualberta.ca
ATTACHMENT 2 – ISSUES LIST
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.
Issues of the UCCI Consolidated Companies Inc.
- Should the applications be assessed based on the version of the Township of Oro-Medonte Official Plan that was in-force at the time that the applications were submitted in accordance with the Clergy principle?
Issues of the Township of Oro-Medonte
Do the proposed Zoning By-law and limit of disturbed area for each lot have adequate regard for the protection of natural heritage features on each lot, including the connectivity of natural heritage features and preservation of trees on individual lots?
Does the Proposed Zoning By-law provide for adequate measures relating to the following:
Maximum Lot Coverage;
Maximum number and size of accessory buildings;
Limitations on Outside Storage of vehicles, boats and trailers, etc.
What conditions for removal of the Holding Provision should be included in the proposed Zoning By-law, if approved? In particular, should the holding provisions include requirements for the following:
Individual lot plans to identify the area of disturbance for development for each lot;
Submission of a lot specific arborist report/tree inventory regarding tree preservation and recommendations pertaining to same;
The implementation of ecological offsetting measures;
Such other provisions as may be necessary to ensure adequate servicing for the proposed lots and the protection of natural heritage features; and
The entering into of a development agreement, including the posting of security to ensure performance.
Does the proposed lot creation have regard to the following relevant criteria set out in subsection 51(24) of the Planning Act?
(b) whether the proposed subdivision is premature or in the public interest;
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
(e) the number, width, location and proposed grades and elevations of highways (and boulevards), and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
(h) conservation of natural resources and flood control;
(i) the adequacy of utilities and municipal services;
(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of the Planning Act.
If the Tribunal considers and approves of the proposed lot creation, what reasonable and appropriate conditions should be imposed under subsection 51(25) of the Planning Act? In particular, should the conditions of consent include matters regarding the following:
A Consent/Development agreement to address matters including building envelope/area of disturbance for each lot; protection of natural heritage features; ecological offsetting measures; grading, drainage, and stormwater management onsite and along the road allowance, including ditching improvements; provisions for utilities and private well and septic installations; road connectivity between Greenfield Forest Road and Windfields Drive West; tree conservation measures; and dedication of lands to Township for a walkway along the east side and rear of proposed lot 10; along with other reasonable and usual provisions all to the satisfaction of the Township;
Submission of an overall grading plan to the satisfaction of the Township;
Transfer to the Township of a daylight triangle;
Submission of a servicing plan regarding private well/septic installations to the satisfaction of the Township; and
Parkland dedication or cash-in-lieu thereof to the Township?
Should the Appellant be required to construct, at its expense, the extension of Greenwood Forest Road from its current terminus to connect with Windfields Drive West?
Do the proposed Zoning By-law and the proposed lot creation represent good planning?
Issues of Stephen and Shannon Schroeter
- Are the proposed Zoning By-law and proposed lot creation consistent with the Provincial Policy Statement, 2020? Including but not limited to sections: 1.1.1 g), 1.1.1 h), 1.1.3.1, 1.1.4, 1.1.4.1 a), 1.1.4.1 h), 1.1.4.2, 2.1, 2.1, 2.1.1, 2.1.5 b), 2.1.5 d), 2.1.7 & 2.1.8?
- Do the proposed Zoning By-law and the proposed lot creation conform with the Growth Plan for the Greater Golden Horseshoe? Including, but not limited to: 2.2.1.2 d), 2.2.9, 2.2.9.3, 2.2.9.6, 4.1, 4.2.2.3, 4.2.3.1, 4.2.4.1, 4.2.4.2 & 4.2.4.3?
- Do the proposed Zoning By-law and the proposed lot creation conform to the Lake Simcoe Protection Plan? Including but not limited to: 6.5-DP, 6.21-DP, 6.23-DP, 6.24-DP, 6.25-DP & 6.26-DP?
- Are the proposed Zoning By-law Amendment and consent applications in conformity with the County of Simcoe OP, 2016 policies 3.7.4 and 3.7.11 (and maybe 3.7.8 and 3.7.12)?
- Are the proposed Zoning By-law Amendment and consent applications in conformity with the County of Simcoe OP, 1997 policies 3.6.7 and 3.6.11?
- Subject to the answer to UCCI Issue 1, are the proposed Zoning By-law Amendment and consent applications in conformity with the Township of Oro-Medonte Official Plan, 2023 policies 2.11.6.1, 4.8.2 and 4.8.6h)?
- Subject to the answer to UCCI Issue 1, are the proposed Zoning By-law Amendment and consent applications in conformity with the Township of O-M Official Plan, 1997 (in effect as of June 16, 2006) policies C5.3.3, C5.3.4 and D2.1?
- Do the proposed Zoning By-law and proposed lot creation have adequate regard for the protection of natural heritage features on the subject lands, including the connectivity of natural heritage features and preservation of trees on individual lots?
- Is it premature to consider the Zoning By-law Amendment and Consent applications without first changing the zoning for the UCCI lands?
- Does the proposed Zoning By-law Amendment to rezone the subject lands from the Open Spaces Zone negatively impact the character of the area?
ATTACHMENT 3 – ORDER OF EVIDENCE
UCCI Consolidated Companies Inc.
Township of Oro-Medonte
Stephen and Shannon Schroeter
Reply of UCCI Consolidated Companies Inc.
ATTACHMENT 4 – MEANING OF TERMS
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.