PEM (Weston) Limited Partnership and PEM (Weston) GP Inc. v. Vaughan (City), 2025 CanLII 134088

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

December 15, 2025

CASE NO.:

OLT-25-000288

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

Applicant/Appellant:

PEM (Weston) Limited Partnership and PEM (Weston) GP Inc.

Subject: Description:

Request to amend the Official Plan – Failure to adopt the requested amendment To permit the development of two mixed use residential and commercial buildings and 1 residential building

Reference Number:

OP.24.009

Property Address:

3790 Highway 7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000288

OLT Lead Case No.:

OLT-25-000288

OLT Case Name:

PEM (Weston) Limited Partnership and PEM (Weston) GP Inc. v. Vaughan (City)

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

Subject:

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

Reference Number:

Z.24.021

Property Address:

3790 Highway 7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000289

OLT Lead Case No.:

OLT-25-000288

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

Subject:

Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Reference Number:

19T-24V005

Property Address:

3790 Highway 7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000290

OLT Lead Case No.:

OLT-25-000288

BEFORE:

CARMINE TUCCI

Monday, the 15th

MEMBER

day of December, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on October 2, 2025, 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 March 23, 2026. The Tribunal has set aside 12 day(s) for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

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

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

1. The video hearing will begin on Monday, March 23, 2026 at 10:00 A.M. No further notice shall be required.

2. The length of the hearing will be approximately 12 days, scheduled to conclude on April 10, 2026, with the Tribunal not sitting on April 3, 6 or 7, 2026). 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.

3. The parties and participants (see Attachment “4” for the meaning of these terms) identified at the Case Management Conference are listed in Attachment “1” to this Order.

4. The issues for the hearing are set out in the Issues List attached as Attachment “2” to this Order. 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, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between the parties.

5. The order of evidence for the hearing is listed 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.

6. 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. 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.

7. 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

8. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including revised plans and supporting documents, to the other parties on or before Friday, November 28, 2025. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn 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 are intended to be called. This list must be delivered on or before Thursday, December 18, 2025, 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(s) of expertise in which the witness is proposed to be qualified.

10. Expert witnesses in the same field shall have a meeting prior to Monday, January 19, 2026, to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, a Statement of Agreed Facts and Issues shall be prepared by the witnesses and filed with the OLT case coordinator on or before Monday, January 26, 2026.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13. 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.

12. 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 anticipated 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 below.

13. On or before Friday, February 6, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.

14. On or before Friday, February 6, 2026, a participant shall provide copies of their written participant statement to the other parties and the OLT case coordinator 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.

15. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence on or before Friday, March 6, 2026, and in accordance with paragraph 22 below.

16. On or before Tuesday, February 17, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday, March 13, 2026, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case coordinator 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.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Monday, March 9, 2026.

19. 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.

20. A party who provides a witness’ written evidence or expert witness statement 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 prior to the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, March 16, 2026, 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.

22. All filings shall be electronic and, if requested by the Tribunal, also in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized. So Orders the Tribunal.

SUMMARY OF DATES

DATE

EVENT

November 28, 2025

Applicant to provide copies of any revised proposal, including revised plans and supporting documents

December 18, 2025

Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)

January 19, 2026

Meetings of Expert Witnesses

January 26, 2026

Parties to file Statements of Agreed Facts and Issues

February 6, 2026

Exchange of Witness Statements, summonsed witness outlines and Participant Statements

February 17, 2026

Parties to advise OLT if all scheduled hearing days are required

March 6, 2026

Exchange of Reply Witness Statements

March 9, 2026

Joint Document Book to be filed

March 13, 2026

Exchange of visual evidence

March 16, 2026

Parties to file hearing plan

March 23, 2026

Hearing commences

Attachment 1

LIST OF PARTIES / PARTICIPANTS

Parties

1. PEM (Weston) Limited Partnership and PEM (Weston) GP Inc.

Mark Flowers and Grace O’Brien

Davies Howe LLP The Tenth Floor

425 Adelaide Street West

Toronto, ON M5V 3C1

Email: markf@davieshowe.com / graceo@davieshowe.com

Tel: 416-263-4513 / 416-263-4507

2. City of Vaughan

Raj Kehar WeirFoulds LLP Suite 201, 1320 Cornwall Road Oakville, ON L6J 7W5

Email: rkehar@weirfoulds.com

Tel: 416-947-5051

Colin Dougherty, Legal Counsel

City of Vaughan 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1

Email: colin.dougherty@vaughan.ca

Tel: 905-832-2281, ext. 8571

3. Canadian Tire Properties Inc. and Canadian Tire Real Estate Limited

Signe Leisk / Jennifer Evola Cassels Brock & Blackwell LLP

Suite 3200, Bay Adelaide Centre – North Tower

40 Temperance Street

Toronto, ON M5H 0B4

Email: sleisk@cassels.com / jevola@cassels.com

Tel: 416-869-5411 / 416-860-6753

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 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 having 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.

Issues List of City of Vaughan

Planning Act

1. Do the proposed Official Plan, Zoning By-law Amendment, draft plan of subdivision and the development it permits (the “Proposed Development”) have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, including (f), (h), (i), (k), (l), (m), (n), (o), (p), (q) and (r)?

2. Does the draft plan of subdivision application have regard for the criteria set out in subsection 51(24) of the Planning Act, in particular 51(24) (a), (b), (c), (d), (e), (f), (i) and (k)?

Provincial Planning Statement

3. Is the Proposed Development consistent with the Provincial Planning Statement (2024) including but not limited to Sections 2.1.6, 2.2.1c), 2.3.1.2b) c) d), 2.3.1.3, 2.3.1.4, 2.3.1.6, 2.4.1.3.a) b), 3.1.1c), 3.6.1?

Region of York Official Plan

4. Is the Proposed Development in conformity with or otherwise meet the intent and goals of the Region of York Official Plan (2022), including but not limited to Sections 2.3.2, 4.1.1, 4.1.3, 4.2.1, 4.2.2, 4.4.1, 4.4.2, 4.4.9 4.4.10, 4.4.11, 4.4.25, 4.4.35, 4.4.36, 4.4.38, 6.1.3,6.4.3, 7.4.13, and Appendix 2, and Maps 1, 1A, 1B, 9A, 10, and 11?

City of Vaughan Official Plan 2010

5. Does the Proposed Development conform with or otherwise meet the intent and goals of the policies of the City of Vaughan Official Plan, including but not limited to: Sections 1.5 – Goal 8, 2.1.1.1, 2.1.3.2, 2.2.1.1, 2.2.1.2, 2.2.5, 4.2.1, 4.2.1.32, 4.2.2.13, 4.2.3, 4.2.3.1, 4.2.3.2, 4.2.3.3, 4.3.2.2, 4.3.3, 4.3.3.6, 4.3.3.7, 5.1.1.3b & d, 5.1.2.2, 5.2.2, 5.2.3, 7.2.3.4, 7.3.2, 7.5.1, 7.5.1.1, 7.5.1.4b, 8.1.1.6, 8.1.1.7, 9.1, 9.1.1, 9.1.1.1, 9.1.1.10, 9.1.2, 9.1.2.1, 9.1.2.7, 9.1.2.9, 9.2, 9.2.1.9, 9.2.1.12, 9.2.2.6, 9.2.3.6, 10.1.1, 10.1.1.1, 10.1.1.3, 10.1.1.4, 10.1.1.5, 10.1.1.6, 10.1.1.8, 10.1.1.9, 10.1.1.10, 10.1.1.11 10.1.1.12, 10.1.1.13, 10.1.1.14, 10.1.1.25 10.1.2.5, 10.1.2.6, 10.1.2.8, and 10.1.2.20, 10.1.2.28, 10.1.2.29, 10.1.2.30, 10.1.2.31, 10.1.2.32 10.1.3.4, 10.1.3.6, 10.2.1.1, 10.2.1.5, 10.2.1.8, and Figure 6; and Schedules 1, 1A, 1C, 9, 10, 13, and 14A?

Prematurity

6. Is the Proposed Development premature in the absence of an in-effect Weston 7 Secondary Plan?

Vaughan Official Plan 2025 & Weston 7 Secondary Plan

7. Does the Proposed Development have regard for the adopted Vaughan Official Plan 2025 and the adopted Weston 7 Secondary Plan?

Good Planning

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

Land Use Compatibility and Built Form

9. Is the proposed building height, building form, massing, scale, and siting, stepbacks, intensification and density appropriate, considering the Subject Site, the policy context, and the character of the surrounding lands?

10. Does the Proposed Development provide sufficient space for landscaping and open space on the site?

11. Does the Proposed Development establish an appropriate relationship to the public realm, its abutting properties and lands within its vicinity including the low-rise community to the north?

12. Would the Proposed Development result in adverse impacts on surrounding lands due to the existing and/or planned land uses in the vicinity of the Subject Site as it relatea to traffic, vehicular access and shadow impacts? Does the proposed development preclude the appropriate development of adjacent lands?

13. Are the shadow impacts of the proposed development appropriate? Have the shadow impacts of the Proposed Development been adequately limited?

14. Does the Proposed Development propose a sufficient amount of commercial space? Does the Proposed Development reflect the objective of implementing mixed use development?

15. Does the Proposed Development have regard to the Design Priorities set in the City-Wide Urban Design Guidelines (2018), in particular 4.3.1, 5.2 including 5.2.2, 5.2.4b, 5.2.6a, 5.2.6g, 5.2.7 and 5.2.11, 5.3.6, 5.3.7 and 5.3.8?

16. Does the Proposed Development have regard to the City-Wide Urban Design Guidelines (2018) including but not limited to Performance Standard No. 5.2.1, 5.2.2, 5.2.2 (continued), 5.2.5, 5.2.6, 5.2.8, 5.3.2, 5.3.7, 6.2.1, 6.2.3, 6.2.5, 6.2.8, 7.2.1?

Transportation and Parking

17. Are the proposed accesses for the Proposed Development appropriate?

18. Does the Proposed Development allow for an appropriate multi-modal transportation network and improvements that are aligned with the adopted Weston 7 Secondary Plan and Weston 7 Transportation Master Plan?

19. Are the Proposed Development’s modifications to the transportation network appropriate given: (a) the recommendations of the Weston 7 Transportation Master Plan, (b) the adopted Weston 7 Secondary Plan; and (c) its impact on surrounding lands?

20. If the Proposed Development’s modifications to the transportation network and connections are an interim condition prior to the development of neighbouring lands, does the Proposed Development consider an ultimate transportation network and connections that will fulfill the recommended transportation network of the Weston 7 Transportation Master Plan once neighbouring lands redevelop?

21. Does the Proposed Development adequately consider coordinating the delivery of external multi-modal transportation network improvements and ensuring their viability recognizing neighbouring properties and existing property limits? Should the Proposed Development amalgamate with neighbouring properties to the north from a transportation perspective?

22. Can the existing transportation infrastructure support the density of the Proposed Development without major external (beyond the site boundaries) transportation improvements? Is there an appropriate phasing plan which considers infrastructure capacity limits?

23. Is the Transportation Impact Study (TIS) submitted in support of the Proposed Development appropriate and follow an acceptable methodology? Is the TIS consistent with the relevant City of Vaughan and York Region TIS Guidelines and standards? Are an appropriate number of vehicular trips estimated to be generated by the Proposed Development? Are the mode split assumptions which influence this number of trips appropriate and are they supported by Transportation Demand Management (TDM) measures?

24. Are the traffic impacts anticipated to be generated by the Proposed Development appropriate?

25. Does the Proposed Development propose and protect for sufficient mitigation measures, including external improvements, to address its impact on the transportation network?

26. Is the Proposed Development’s supply of vehicular parking appropriate and encourage the use of sustainable transportation options?

Servicing

27. Is it appropriate that the Owner front-end finance and construct or contribute its proportionate share of the cost(s) associated with implementing the recommended municipal servicing infrastructure improvements identified in the Weston Road and Highway 7 Secondary Plan Area Functional Servicing Strategy Report to accommodate ultimate build-out of the Weston Road and Highway 7 Secondary Plan Area, including specifically as it relates to wastewater servicing, per the conclusions and recommendations of the City’s Integrated Urban Water Master Plan Class Environmental Assessment, to the satisfaction of the City?

28. Having regard to the current and emerging planning context, including the Council adopted Weston and 7 Secondary Plan, is the Proposed Development appropriate from an area-wide servicing perspective?

29. Is there sufficient existing municipal infrastructure capacity to service the Proposed Development with water, sewer and stormwater management facilities? If not, are appropriate improvements proposed by the Owner?

30. Has a satisfactory Functional Servicing and Storm Water Management Report been provided to address the storm and sanitary sewer servicing needs of the Proposed Development?

Noise

31. Does the Proposed Development appropriately address land use compatibility issues related to Noise in accordance with the D-6 Land Use Compatibility Guidelines?

32. Does the Proposed Development have regard to the Ministry of the Environment, Conservation and Parks, Environmental Noise Guideline Publication NPC-300 Guidelines?

Parks

33. Does the Proposed Development provide public parkland for the proposed community?

34. Will the Proposed Development impede any future recommendations or plans for the parks system in the Weston 7 Secondary Plan area that are outlined in the adopted Weston 7 Secondary Plan?

35. Does the Proposed Privately-Owned Public Space comply with Section 7.3 of VOP 2010 and the City’s applicable parkland dedication by-law (currently By-law 168-2022)?

36. Has a satisfactory Facility Fit Plan been submitted for the Privately-Owned Public Space which accommodates active and passive park facilities to support the needs of future residents?

Implementation

37. In the event that the Tribunal allows the appeals in whole or in part, what are the appropriate subdivision conditions from the City that should be imposed on any draft plan approval of the plan of subdivision?

38. In the event that the Tribunal allows the appeals in whole or in part, should the Proposed Development be subject to Holding Provisions (“H”) to require, among other things, the recommended conditions set out in Attachment 12 of the City staff report dated September 30, 2025?

Form & Content of Amendments

39. Is the form and content of the draft Official Plan Amendment and the draft Zoning By-law Amendment to By-law 001-2021 appropriate? If not, should the Tribunal’s Final Order be withheld pending the City’s satisfaction regarding the form and content of the draft instruments?

40. In the event that the Tribunal allows the appeals in whole or in part, should the OLT’s Order on the draft plan of subdivision be withheld pending finalization of the draft plan of subdivision conditions from the City and all commenting agencies?

41. Should the OLT direct that final approval of the subdivision plan be delegated back to the City pursuant to subsection 51 (56.1) of the Planning Act?

Issues List of Canadian Tire Properties Inc. and Canadian Tire Real Estate Limited

42. Has the proposed development been designed, sited, and/or oriented to minimize and mitigate against potential noise and vibration issues that may arise from the Canadian Tire lands?

43. Does the proposal to designate the subject property as a Class 4 Area adequately minimize and mitigate against potential noise and vibration issues that may arise from the Canadian Tire lands?

Issues List of PEM (Weston) Limited Partnership and PEM (Weston) GP Inc.

44. What relevance, if any, should the adopted Vaughan Official Plan 2025 and the adopted Weston 7 Secondary Plan have in this proceeding?

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

Attachment 3

Order of Evidence

1. PEM (Weston) Limited Partnership and PEM (Weston) GP Inc.

2. City of Vaughan

3. Canadian Tire Properties Inc. and Canadian Tire Real Estate Limited

4. Reply of PEM (Weston) Limited Partnership and PEM (Weston) GP Inc. (if any)

Attachment 4

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.