Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 11, 2025

CASE NO(S).: OLT-24-001218

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

Applicant and Appellant: Dundas-Glenlake Project GP Inc.

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

Description: To permit the development of a 29-storey mixed-use building

Reference Number: 24 187123 STE 04 OZ

Property Address: 2461 - 2475 Dundas Street West

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-001218

Heard: May 29, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Dundas-Glenlake Project GP Inc.	C. Hunt D. Bronskill (In absentia)
City of Toronto	A. Sandhu A. Hill (In absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON MAY 29, 2025, BY AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from the second Case Management Conference (“CMC”) held in preparation for a hearing of the appeal by Dundas-Glenlake Project GP Inc. (“Appellant”) pursuant to s. 34(11) of the Planning Act due to the City of Toronto’s (“City”) refusal of the Zoning By-law Amendment Application for the lands municipally known as 2461-2475 Dundas Street West (“Subject Lands”).

2The purpose of this CMC was to consider requests for Party or Participant Status, consider the proposed draft Procedural Order, and to consider next steps in the hearing process.

BACKGROUND

3The Appellant is seeking approval of a Zoning By-law Amendment (“ZBA”) to facilitate the construction of a 29-storey mixed-use building. The ZBA would allow for a development of approximately 288 residential units with an approximately gross floor area of 19,645 square metres (“m²”), which includes approximately 360 m² of ground-floor retail space.

4The Subject Lands are located at the southwest corner of Dundas Street West and Glenlake Avenue, within Toronto's West Bend neighborhood. It is a rectangular site measuring approximately 1,320 m², with an approximate frontage of 43.4 metres (“m”) on Dundas Street West and 30.5 m of depth along Glenlake Avenue.

5Surrounding land uses include a mix of residential and commercial properties. To the north is a seven-storey residential building, while to the south, there is a three-storey mixed-use building. The site is also adjacent to a public laneway to the west, with low-rise residential buildings on the opposite side. Additionally, the CN rail corridor runs along the eastern boundary of the site.

6The Subject Lands are designated in a "Mixed-Use Area" in the City’s Official Plan and is located in an area that is targeted for future growth and intensification. The Subject Lands is also located within two Protected Major Transit Station Areas, specifically the Dundas West and Bloor GO stations.

7The ZBA’s Application was received on July 24, 2024, and was deemed complete on August 23, 2024. The City’s planning staff recommended refusal of the Application as it was their opinion that the Application did not meet the City’s Official Plan or Tall Building Design Guidelines. The Application was presented to City Council at the council meeting on November 13, 2024, and City Council made the decision to refuse the Application at this same council meeting. The Appellant filed the Notice of Appeal on December 4, 2024.

STATUS REQUESTS

8The Tribunal reviewed the Party Status request of David Clarke. Mr. Clarke’s Party Status determination was deferred to this CMC to allow Mr. Clarke more time to find expert witnesses for his case. As per Rule 8.1 of the Ontario Land Tribunal’s Rules of Practice and Procedure, the Tribunal reviewed the rules and expectations of a Party with Mr. Clarke. Mr. Clarke stated that his intention was to give context to the application and its implications to the neighbourhood. Mr. Clarke was not intending on retaining legal counsel or presenting any expert witnesses. The Tribunal then reviewed Mr. Clarke’s submitted Issues List, which the Tribunal concluded was similar in nature to those included in the draft Procedural Order and Issues List of the City. After further discussion, Mr. Clarke stated that he would not continue his request for Party Status but would prefer to be a Participant to the matter. The Tribunal ruled that Mr. Clarke would become a Participant and that his Participant Statement along with the previously approved Participants and their statements would be used to help the Tribunal with the final decision to the matter.

OPPORTUNITES FOR RESOLUTION

9The Tribunal canvassed the Parties concerning Tribunal-led mediation. The Parties stated that they were not at a point of needing Tribunal-led mediation, however, the Parties are aware of Tribunal-led mediation, and they would reach out through the case coordinator if the Parties were in need of this service.

PROCEDURAL ORDER AND ISSUES LIST

10The Parties submitted a draft Procedural Order prior to the commencement of the CMC. The Tribunal has reviewed the draft Procedural Order and approves of its contents. The attached Procedural Order found under Schedule 1 will be used to govern the events leading up to and including the hearing event.

SCHEDULING OF HEARING

11Based on the discussions between the Parties, the Tribunal has scheduled a 10-day hearing to commence by Video Hearing beginning on Monday, April 13, 2026, at 10 am.

12Parties and/or Participants and/or Observers 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:

GoTo Meeting: https://global.gotomeeting.com/join/914098901

Access code: 914-098-901

13Parties and/or participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.

15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

16THE TRIBUNAL ORDERS its directions as listed above.

17The Member may be spoken to if procedural issues arise, subject to the Tribunal’s calendar.

“S. deBoer”

S. DEBOER

MEMBER

Ontario Land Tribunal

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

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

Schedule 1

CASE NO(S).: OLT-24-001218

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

Applicant and Appellant: Dundas-Glenlake Project GP Inc.

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

Description: To permit the development of a 29-storey mixed-use building

Reference Number: 24 187123 STE 04 OZ

Property Address: 2461-2475 Dundas Street West

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-001218

OLT Lead Case No.: OLT-24-001218

OLT Case Name: Dundas-Glenlake Project GP Inc. v. Toronto (City)

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 13, 2026, at 10:00 a.m.

3. The length of the hearing is ten (10) 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 are set out in Attachment 1. See Attachment 4 for the meaning of these terms.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains 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, the expert witness(es)' curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered on or before January 23, 2026 in accordance with paragraph 22 below. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the 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 February 13, 2025.

10. 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, and updated supporting documents and reports to the other parties on or before November 7, 2025. 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.

11. Expert witnesses in the same field shall have at least one meeting before the hearing to try to resolve or reduce issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the Tribunal on or before February 27, 2026, if agreement is reached.

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. 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 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. A witness (including any expert witness) or participant must provide to the Tribunal and the parties a witness statement (full disclosure including reports) or participant statement, respectively, on or before March 6, 2026, in accordance with paragraph 22 below, or the witness may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, except as permitted by the Ontario Land Tribunal Act, 2021 and the Tribunal's Rules of Practice and Procedure.

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.

15. On or before March 20, 2026, the parties may provide to all other parties a written response to any written evidence.

16. On or before March 20, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before March 27, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. The Tribunal and all parties shall be notified if a model will be used, and all parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. 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.

19. 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.

20. On or before April 2, 2026, the parties shall prepare and file a detailed Hearing Plan that identifies the following, at a minimum: the identified parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Hearing Plan”). The Hearing Plan should be adhered to guide the Hearing Event to the best ability of all the parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Hearing Plan throughout the Hearing Event.

21. The parties shall prepare a Joint Document Book on or before April 2, 2026, and which, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with paragraph 22.

22. All filing of documents and materials shall be electronic to the Tribunal, the parties and participants. The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable should it request same. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, or as may be amended. Paragraph 22 applies regardless of if the hearing event is in-person or electronic.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted in paragraph 10. The Tribunal’s Rule 17 applies to such requests.

24. The Tribunal may conduct mediation on consent of all parties, on consent of those parties who wish to participate in mediation, or if the Tribunal sees fit.

25. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 4.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
November 7, 2025	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
January 23, 2026	Exchange of witness lists (names, disciplines and order to be called)
February 13, 2026	Last date to challenge identification of expert witness
February 27, 2026	Experts meeting prior to this date
February 27, 2026	Agreed Statement of Facts
March 6, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
March 20, 2026	Exchange of Reply Witness Statements (if any)
March 20, 2026	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
March 27, 2026	Exchange of visual evidence (if any)
April 2, 2026	Final Hearing Plan filed with the Tribunal
April 2, 2026	Finalize Joint Document Book
April 13, 2026	Hearing commences

ATTACHMENT 1 PARTIES/PARTICIPANTS

Parties

1. Dundas-Glenlake Project GP Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca
2. City of Toronto Amanda Hill/Amrit Sandhu (416) 338-5790/(416) 338-1617 amanda.hill@toronto.ca/amrit.sandhu@toronto.ca

Participants

1. Clarke, David (518) 534-3033 Clarke.david2@gmail.com

2. Gordon, Barbara (647) 869-9313 nefathecat@gmail.com

3. Smith, Hilda (416) 809-6162 Hilda015@gmail.com

4. Smith, Kieron (416) 434-4993 kkieron@hotmail.com

5. Stephenson, Thomas (647) 980-6484 tfstephenson@gmail.com

6. West Bend Community Association, c/o Kenneth Sharratt (416) 534-1869 ksharratt@bell.net info@thewestbend.ca

ATTACHMENT 2 ISSUES LIST

City of Toronto

Planning Act

1. Would approval of the proposed development and Zoning By-law by the Tribunal have regard for the purposes of the Planning Act in Section 1.1?

2. Do the proposed development and the Zoning By-law Amendment have appropriate regard for the matters of provincial interest set forth in Section 2 of the Planning Act, particularly:

a) 2(h) – orderly development of safe and healthy communities; and

b) 2(r) – the promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant?

3. Would approval of the proposed development and Zoning By-law Amendment have regard for any information and material received by City Council, as required by Section 2.1(2) of the Planning Act?

Provincial Planning Statement (2024)

4. Are the proposed development and Zoning By-law Amendment consistent with the Provincial Planning Statement (2024) as required by Section 3(5)(b) of the Planning Act, including, but not limited to, Sections 2.1 and 6.1, reading the Provincial Planning Statement (2024) in its entirety and applying the relevant policies?

City of Toronto Official Plan

5. Does the proposed Zoning By-law Amendment conform to the policies of the City of Toronto Official Plan, including, but not limited to, the following Sections:

a) 2.2.3 Avenues: Reurbanizing Arterial Corridors;

b) 2.3.1 Healthy Neighbourhoods;

c) 2.4 Bringing the City Together: A Progressive Agenda of Transportation Change;

d) 3.1.1 The Public Realm;

e) 3.1.3 Built Form;

f) 3.1.4 Built Form- Building Types;

g) 3.2.1 Housing; and

h) 4.5 Mixed Use Areas?

Planning Framework & Design Guidelines

6. Does the proposed development have appropriate regard for and meet the intent and purposes of the applicable City of Toronto Guidelines, including:

a) Tall Building Design Guidelines;

b) Mid-rise Building Performance Standards;

c) Growing Up: Planning for Children in New Vertical Communities;

d) Retail Design Manual;

e) Streetscape Manual;

f) Pet Friendly Design Guidelines for High Density Communities; and

g) Complete Streets and Pedestrian Priority Guidelines?

Built Form and Public Realm

7. Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:

a) The provincial and municipal policy framework identified in this issues list;

b) Fit with the existing and planned context;

c) The built form, massing and scale, building heights and design, including the impact on:

(i) gradual transition in relation to the scale and character of the surrounding area, including Dundas Street West and the Neighbourhoods to the west; and

(ii) sky-view and sunlight penetration into the public realm, including the Dundas Street West streetscape;

d) The proposed setbacks and stepbacks; and

e) The proposed wind impacts on the abutting public realm?

8. Does the proposed development provide for appropriate transition to adjacent Neighbourhood areas in terms of height and scale as required in the Official Plan?

9. Would the proposed development, if approved, create an inappropriate built form precedent for other development along this segment of Dundas Street West, and which may result in a cumulative impact on the development of this area in the form of tower separation, public realm issues, and shadow and wind impacts?

10. Is the proposed built form on the site appropriate along the Avenues?

11. Is the proposed development’s relationship with the public realm and resulting streetscape appropriate, and does it represent good planning?

12. Is the proposed building envelope, including building setbacks and stepbacks adequate to provide:

a) Appropriately sized pedestrian clearways;

b) Adequate tree planting and soil volume area;

c) Appropriate ground floor animation;

d) Adequate space for pedestrian and cycling infrastructure, streetscape elements like tree planting, and activities related to uses at-grade;

e) The standards and requirements of the City’s Streetscape Manual; and

f) The standards and requirements of the Toronto Green Standard?

Transportation

13. Have all the transportation issues identified in the memo dated September 9, 2024 been adequately addressed, including:

a) Does the proposed development demonstrate whether trucks accessing the proposed loading space can enter and exit the laneway in a forward motion;

b) Does the proposed development identify the required and unencumbered 1.22-metre wide conveyance to the City for lane widening purposes;

c) Does the proposed development provide the required bicycle repair stations on-site; and

d) Does the proposed development implement an appropriate Transportation Demand Management plan that demonstrates a reduction of proposed auto driver trips?

Amenity Space

14. Does the proposed development deliver the appropriate provision of indoor and outdoor amenity space?

Public Interest and Good Planning

15. Is the proposed Zoning By-law Amendment in the public interest and does it provide for good planning and good urban design?

Conditions

16. If the proposal is approved in whole or in part, should the Tribunal's Order be withheld until as the following conditions are satisfied and the Tribunal has received confirmation from the City Solicitor that:

a) The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review, and the City Solicitor, including any appropriate holding (H) provisions;

b) City Council has approved Rental Housing Demolition Application 24 187124 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor, and the Chief Planner, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

i. replacement of the existing nine rental dwelling units, including the same number of units, bedroom type and size, and with similar rents; and

ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner, City Planning.

c) The Owner has addressed all outstanding engineering issues identified in the memorandum dated September 9, 2024, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum dated September 9, 2024 from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Executive Director, Development Review;

d) The Owner has provided a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

e) The Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager of Transportation Services and the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

f) The Owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Executive Director, Development Review;

g) The Owner has submitted revised Compatibility Mitigation and Noise and Vibration Studies for peer review, at the owner’s sole expense, to the satisfaction of the Executive Director, Development Review;

h) The Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review including the submission of a revised Landscape Plan with an overlay of all existing and proposed utilities and proposed trees to satisfy the City’s compensation planting for the removal of City trees?

ATTACHMENT 3 ORDER OF EVIDENCE

1. Dundas-Glenlake Project GP Inc.

2. City of Toronto

3. Dundas-Glenlake Project GP Inc., in reply (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.