Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 03, 2025 CASE NO(S).: OLT-24-000170

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

Applicant and Appellant: 2856973 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of ten (10) townhouse units. Reference Number: 22 162536 WET 02 OZ Property Address: 417 and 419 Burnhamthorpe Road Municipality: Toronto OLT Case No.: OLT-24-000170 OLT Lead Case No.: OLT-24-000170 OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: 2856973 Ontario Inc. Subject: Site Plan Description: To permit the development of ten (10) townhouse units. Reference Number: 22 162535 WET 02 SA Property Address: 417 and 419 Burnhamthorpe Road Municipality: Toronto OLT Case No.: OLT-24-000171 OLT Lead Case No.: OLT-24-000170 OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)

Heard: November 7, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
2856973 Ontario Inc.	Andrew Jeanrie
City of Toronto	Derin Abimbola (in absentia) Adam Ward

MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON NOVEMBER 7, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a second Case Management Conference (“CMC”) for Appeals brought by 2856973 Ontario Inc. (“Appellant”) pursuant to s.34(11) of the Planning Act against the City of Toronto (“City”) for failing to make a decision within the statutory timeframes for a Zoning By-law Amendment and pursuant to s.114(15) of the Planning Act regarding approving plans and drawings for a site plan control area. The Subject Lands are comprised of two properties municipally described as 417 and 419 Burnhamthorpe Road (“Subject Lands”).

2The Subject Lands are currently occupied by two one-storey single detached residential dwellings. The proposed development seeks to permit the redevelopment of the Subject Lands with 18 back-to-back townhouses having a maximum heights of 12 metres, a total Gross Floor Area of 2,978 square metres, and a density of 1.5 times the lot area, with a total of 41 vehicular parking spaces.

PROCEDURAL ORDER

3A draft Procedural Order (“PO”) had not been finalized in advance of the CMC. The Tribunal ordered that a draft PO be submitted to the Tribunal on or before Friday, November 29, 2024. The Tribunal received a consent PO which it has reviewed and finds acceptable. The fixed dates for the Hearing on the Merits and for the pre-Hearing timeline, are provided for in the PO, appended to this Decision as Attachment 1.

HEARING

4Following consultation respecting the Tribunal’s calendar and the availability of Counsel and the Parties, a five-day Hearing on the Merits, by Video Hearing (“VH”) was agreed upon, commencing on Tuesday, April 1, 2025, at 10 a.m. and continuing on Wednesday, April 2, 2025, Thursday, April 3, 2025, Tuesday, April 8, 2025 and Wednesday, April 9, 2025.

5Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

Go To Meeting: https://meet.goto.com/680885805

Access Code: 680-885-805

6Parties, witnesses and observers 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

7Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.

8Individuals 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 VH 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

9THE TRIBUNAL ORDERS THAT:

1. A five-day Merit Hearing by Video shall commence on Tuesday, April 1, 2025, at 10 a.m. and continuing on Wednesday, April 2, 2025, Thursday, April 3, 2025, Tuesday, April 8, 2025 and Wednesday, April 9, 2025;

2. The Procedural Order appended as Attachment 1 to this Decision shall govern the conduct of this proceeding; and

3. This Member is not seized.

“Jennifer Gold”

JENNIFER GOLD MEMBER

Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

CASE NO(S).: OLT-24-000170

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

Applicant and Appellant: 2856973 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of ten (10) townhouse units. Reference Number: 22 162536 WET 02 OZ Property Address: 417 and 419 Burnhamthorpe Road Municipality: Toronto OLT Case No.: OLT-24-000170 OLT Lead Case No.: OLT-24-000170 OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: 2856973 Ontario Inc. Subject: Site Plan Description: To permit the development of ten (10) townhouse units. Reference Number: 22 162535 WET 02 SA Property Address: 417 and 419 Burnhamthorpe Road Municipality: Toronto OLT Case No.: OLT-24-000171 OLT Lead Case No.: OLT-24-000170 OLT Case Name: 2856973 Ontario 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 April 1, 2025 at 10 a.m. at https://meet.goto.com/680885805

3. The parties’ initial estimation for the length of the hearing is 5 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.

4. The parties and participants 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. 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 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 January 9, 2025 (date – at least 82 days prior to the start of the hearing) and in accordance with paragraph 23 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.

10. Expert witnesses in the same field shall have a meeting on or before February 10, 2025 (date) 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 10, 2025 (date – at least 50 days prior to the start of the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. 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. 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 other Parties, such report(s) shall be provided to the other Parties at the same time as the delivery of expert witness statements, as in paragraph 13 below.

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 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.

13. On or before February 7, 2025 (date – at least 53 days prior to the start of the hearing), 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 23 below.

14. On or before February 7, 2025 (date – at least 53 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before February 25, 2025 (date – at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before March 24, 2025 (date – at least 8 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 23 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 24, 2025 (date – at least 8 days prior to the start of the hearing).

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 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 25, 2025 (date – at least 7 days prior to the start of the hearing) 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. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before December 20, 2024 (date – at least 102 days prior to the start of the hearing). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

23. All filings shall be submitted electronically and 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 the Rule 7.

24. 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.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
December 20, 2024 (102 days prior to hearing)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 9, 2025 (82 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
February 7, 2025 (53 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports (including Appraisal Reports) and Participant Statements
February 10, 2025	Expert’s Meeting(s)
February 10, 2025 (50 days prior to hearing)	Agreed Statement of Facts
February 25, 2025 (35 days prior to hearing)	Exchange of Reply Witness Statements (if any)
February 25, 2025 (35 days prior to hearing)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
March 24, 2025 (8 days prior to hearing)	Exchange of visual evidence (if any)
March 24, 2025 (8 days prior to hearing)	Finalize Joint Document Book
March 25, 2025 (7 days prior to hearing)	Final Work Plan filed with the Tribunal
April 1, 2025	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel

1. City of Toronto

Derin Abimbola Adam Ward City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto ON M5V 3C6 E-mail: derin.abimbola@toronto.ca Tel: 416-338-1376 E-mail: adam.ward@toronto.ca Tel: 416-394-2787

2. Appellant: 2856973 Ontario Inc.

Andrew Jeanrie Stephanie Brazzell Bennett Jones LLP 3400 One First Canadian Place PO Box 130 Toronto ON M5X 1A4 E-mail: jeanriea@bennettjones.com Tel.: 416-777-4814 E-mail: brazzells@bennettjones.com Tel: 416-777-7819

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Ontario Land Tribunal (the “OLT”) or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. 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 OLT 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 OLT.

A. 2856973 Ontario Inc.

1. Is the proposed zoning by-law amendment good planning and in the public interest?

B. City of Toronto

Policy & Guidelines

Planning Act

1. Does the proposed development, and Zoning By-law Amendment Application have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular Section 2(h), 2(h.1), 2(q), and 2(r)?

Provincial Planning Statement (2024)

2. Is the proposed development, and Zoning By-law Amendment Application consistent with the Provincial Planning Statement (2024) pursuant to Section 3(5) of the Planning Act, including Sections: 2.1.6(b), 3.7.1, 3.9.1(a)?

City of Toronto Official Plan

3. Do the proposed development, and Zoning By-law Amendment Application conform with the policies of the City of Toronto Official Plan with respect to: a. Healthy Neighbourhoods (2.3.1) b. The Public Realm (3.1.1) c. Built Form (3.1.3) d. Built Form – Building Types (3.1.4) e. Neighbourhoods (4.1) f. Implementation (5.1.2)

City of Toronto Guidelines

4. Does the proposed development have appropriate regard for, and meet the intent and purpose of, the applicable City of Toronto Guidelines: a. Townhouse and Low-Rise Apartment Guidelines b. Toronto Green Standard; c. Toronto Accessibility Design Guidelines; and d. Streetscape Manual User Guide.

Site Specific Issues

5. Does the site organization and built form of the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as: a. Are the proposed building setbacks appropriate? b. Does the proposed development provide an appropriate active frontage and building entrance condition along the Burnhamthorpe Road street frontage? c. Does the proposed development provide safe, accessible pedestrian walkways from the public street and throughout the site? d. Does the proposed development provide improvements to adjacent boulevards and sidewalks, including sustainable design elements, which prioritize street trees as well as coordinated landscape improvements on the site to enhance local character, fit with public streetscape, and provide attractive, safe transitions between the private and public realm? e. Does the proposed front yard vehicular parking minimize impact and improve the safety and attractiveness of the public realm, the site and surroundings?

6. Does the proposed development represent good planning and urban design principles?

7. Solid Waste Services a. Does the proposed development provide adequate waste storage to support the development?

8. Servicing a. Has the proposed development demonstrated adequate municipal servicing in place to support it?

9. Transportation a. Are the proposed parking spaces, including surface parking spaces, appropriately located? b. Does the Parking and Loading Study demonstrate appropriate site circulation, access, parking, parking functionality, parking supply and dimensions, vehicle maneuvering, and related concerns in accordance with the City of Toronto guidelines? c. Has the proposed mechanical parking supply demonstrated feasibility for residential use? d. Has the proposed mechanical parking supply demonstrated functionality for the proposed site size and configuration? e. Does the proposed vehicular access and circulation adequately protect and enhance pedestrian safety on the site and where it connects with the public realm? f. Does the proposed development provide appropriate accessible parking supply and parking space dimensions?

10. Has the development demonstrated compliance with Tier 1 of the Toronto Green Standard, Low Rise Residential, Version 4?

11. Is the Zoning By-law Amendment good planning and in the public interest?

Implementation

12. If the proposed development is approved, in whole or in part, should the Tribunal’s Order on the Zoning By-law Amendment Application be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that: a. The form and content of the Zoning By-law Amendment are satisfactory to the Executive Director, Development Review and the City Solicitor; b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services memorandum anticipated to be dated November 27, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. The owner has provided a revised Hydrological Report, Hydrological Review Summary Form, Foundation Drainage Summary Form, and a revised Servicing Report Groundwater Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result to of a proposed development and comply with foundation drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; d. The owner has submitted a revised Functional Servicing and Stormwater Management Report, prepared to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such reports shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; e. The owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements 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 the proposed development, according to the accepted Functional Servicing and Stormwater Management Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment; f. The owner has addressed all outstanding Transportation Services issues identified within the Engineering and Construction Services memorandum, dated November 27, 2024, and has satisfactorily addressed all matters raised, including the provision of detailed Vehicle Maneuvering Diagrams, to the satisfaction of the General Manager, Transportation Services; g. Parking spaces have been provided in accordance with section 200.5.10 rates for 'All Other Areas of the City' as noted in Zoning By-law 569-2013 as amended by By-law 89-2022, as noted in the Engineering and Construction Services correspondence, dated November 27, 2024, to the satisfaction of the General Manager, Transportation Services; h. Parking spaces provided have complied with all dimensional requirements noted in section 200.5.1.10 of Zoning By-law 569-2013 as noted in the Engineering and Construction Services correspondence, dated November 27, 2024, to the satisfaction of the General Manager, Transportation Services; i. Accessible parking spaces shall be provided in accordance with the supply and dimensional requirements noted in section 200.15 of Zoning By-law 569-2013 as amended by By-law 579-2017 as noted in the Engineering and Construction Services correspondence, dated November 27, 2024, to the satisfaction of the General Manager, Transportation Services; j. The owner has satisfactorily addressed matters from Urban Forestry, Tree Protection and Plan Review, outlined in the memo dated November 7, 2024 and provided required materials, including a revised Arborist Report, Tree Inventory and Protection Plan, Landscape Concept Plan, Soil Volume Plan and Sections, Landscape/ Planting Plan and Soil Specifications, Landscape Details, Toronto Green Standard Checklist and Statistics Templates and Grading Plan, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; and k. The owner has revised the proposal to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning.

ATTACHMENT 4

ORDER OF EVIDENCE

Note: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

1. 2856973 Ontario Inc.
2. City of Toronto
3. (Reply if any) 2856973 Ontario Inc.

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.