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Ontario Land Tribunal
**Issue Date:** June 13, 2025
**Case No.:** OLT-25-000236
**Proceeding commenced under subsection 41(12) of the [Planning Act, R.S.O. 1990, c. P. 13](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), as amended.**
**Appellant:** 2789526 ONTARIO LTD
**Subject:** Site Plan
**Description:** To facilitate site plan for 11 townhouses
**Reference Number:** SP2-21
**Property Address:** 128 Cecil Street L3W 0K4
**Municipality/UT:** Essa/Simcoe
**OLT Case No:** OLT-25-000236
**OLT Lead Case No:** OLT-25-000236
**OLT Case Name:** 2789526 Ontario Ltd. v. Essa (Township)
**Before:** "Steven T. Mastoras", Member
**Date:** Friday, the 13th day of June, 2025
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THE TRIBUNAL ORDERS that 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 August 18, 2025. The Tribunal has set aside three days for the hearing.
"Matthew D.J. Bryan"
MATTHEW D.J. BRYAN
REGISTRAR
Ontario Land Tribunal
Website: [olt.gov.on.ca](http://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.
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## Schedule A
**Case No. OLT-25-000236**
**Ontario Land Tribunal**
**Proceeding commenced under subsection 41(12) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P. 13, as amended**
**Applicant:** 2789526 ONTARIO LTD
**Subject:** Site Plan
**Description:** To facilitate site plan for 11 townhouses
**Reference Number:** SP2-21
**Property Address:** 128 Cecil Street L3W 0K4
**Municipality/UT:** Essa/ Simcoe
**OLT Case No:** OLT-25-000236
**OLT Lead Case No:** OLT-250999236
**OLT Case Name:** 2789526 Ontario Ltd. v. Essa (Township)
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 August 18, 2025 at 10:00 a.m. at [https://global.gotomeeting.com/join/638422541](https://global.gotomeeting.com/join/638422541).
3. The parties' initial estimation for the length of the hearing is 3 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 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 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](https://olt.gov.on.ca/appeals-process/video-hearing/), 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 Friday, June 20, 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 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 Friday, July 11, 2025 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 Friday, July 18, 2025.
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.
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 Friday, August 1, 2025, 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 21 below.
14. On or before Friday, August
minicounsel