Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 4, 2026

CASE NO.: OLT-25-000826 OLT-25-000825

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

Appellant: Cornerstone Group Investments Inc Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To facilitate the establishment of a livestock trailer washing facility and associated parking Reference Number: ZBA 38 of 2024 Property Address: 5507 Co-op Street, 5309 and 5310 Leyton Street Municipality/UT: Plympton-Wyoming/Lambton OLT Case No: OLT-25-000826 OLT Lead Case No: OLT-25-000826 OLT Case Name: Cornerstone Group Investments Inc v. Plympton- Wyoming (Town)

PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Cornerstone Group Investments Inc Subject: Site Plan Description: To facilitate the establishment of a livestock trailer washing facility and associated parking Reference Number: None Assigned Property Address: 5507 Co-op Street, 5309 and 5310 Leyton Street Municipality/UT: Plympton-Wyoming/Lambton OLT Case No: OLT-25-000825 OLT Lead Case No: OLT-25-000826 OLT Case Name: Cornerstone Group Investments Inc v. Plympton- Wyoming (Town)

BEFORE:

"S. Braun"

Monday, the 4th

VICE-CHAIR

day of May, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on March 5, 2026, 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 will be held:

AT: 10:00AM

ON: April 12, 2027

AT: https://global.gotomeeting.com/join/692665589

Access Code: 692-665-589

The Tribunal has set aside 15 day(s) for this matter.

"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

Purpose of the Procedural Order

Case management conferences are scheduled by the Tribunal to organize the hearing. This sample procedural order is provided to identify who may participate in the hearing, the issues in dispute, and the matters that are required to be carried out before the hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as “party” and “participant”.

The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek party status in this proceeding, meet (remotely, if necessary) to discuss this sample procedural order before the date of the case management conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this sample procedural order at the case management conference and issue a procedural order at a later date.

If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, Artificial Intelligence Practice Direction and the Tribunal’s Rules of Practice and Procedure (“Rules”), particularly Rule 20, which are available on the Tribunal’s website.

ONTARIO LAND TRIBUNAL

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

Appellant: Cornerstone Group Investments Inc.

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

Description: To facilitate the establishment of a livestock trailer washing facility and associated parking

Reference Number: ZBA 38 of 2024

Property Address: 5507 Co-op Street, 5309 and 5310 Leyton Street

Municipality/UT: Plympton-Wyoming/Lambton

OLT Case No: OLT-25-000826

OLT Lead Case No: OLT-25-000826

OLT Case Name: Cornerstone Group Investments Inc v. Plympton-Wyoming (Town)

PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Cornerstone Group Investments Inc.

Subject: Site Plan

Description: To facilitate the establishment of a livestock trailer washing facility and associated parking

Reference Number: None Assigned

Property Address: 5507 Co-op Street, 5309 and 5310 Leyton Street

Municipality/UT: Plympton-Wyoming/Lambton

OLT Case No: OLT-25-000825

OLT Lead Case No: OLT-25-000826

OLT Case Name: Cornerstone Group Investments Inc v. Plympton-Wyoming (Town)

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 12, 2027, at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is fifteen (15) 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, available on the Tribunal’s website.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

10. 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 November 20, 2026, 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.

11. Expert witnesses in the same field shall have a meeting on or before December 4, 2026, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties may prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before December 18, 2026.

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 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.

13. 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.

14. On or before January 29, 2027, 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.

15. On or before January 29, 2027, 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.

16. On or before March 5, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before March 26, 2027, 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.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by February 26, 2027, after the evidence is received and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before March 26, 2027.

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 2, 2027 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.

23. All filings shall be submitted electronically and, if requested by the OLT case-coordinator, 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, save and except a Lawyer’s Certificate of Service is proof of the full transmission and receipt of the electronic service

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.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE

EVENT

November 20, 2026

Exchange List of Proposed Witnesses (Para. 9)

December 4, 2026

Deadline for Expert Witness Meeting (Para. 10)

December 18, 2026

Deadline for Statement of Agreed Facts and Issues (para. 10) (if any)

January 29, 2027

Deadline for Witness Statements, Expert Witness Statements and Participant Statements (paras. 13 and 14)

March 5, 2027

Deadline for advising the Tribunal if all the reserved hearing dates are required (para. 15)

March 26, 2027

Deadline for Visual Evidence (para. 16)

February 26, 2027

Deadline for Reply Witness Statements and Reply Expert Witness Statements (para. 17)

March 26, 2027

Deadline for Joint Document Book (para. 18)

April 2, 2027

Deadline for Hearing Plan (para. 21)

April 12, 2027

Hearing begins

ATTACHMENT 1

LIST OF PARTIES

Cornerstone Group Investments Inc.

SmithValeriote Law Firm LLP 245 Hanlon Creek Boulevard, Unit 102 Guelph, ON N1C 0A1 Eric Davis Email: edavis@svlaw.ca Tel: 519.837.2100 ext. 304 Counsel for Cornerstone Group Investments Inc.

The Town of Plympton Wyoming

Strong Nenniger Law Professional Corporation D-309 Commissioners Road West London, Ontario N6J 1Y4 Ken Strong Email: strong@municipallawyers.ca Tel: 519.672.3535 Counsel for the Town of Plympton-Wyoming

Jess Jessome

Baker & Company 130 Adelaide Street West, Suite 2101 Toronto, ON M5H 3P5 Eric Kay Email: ekay@bakerlawyers.com

Tel.: 416-777-0100 ext. 230 Counsel for Jess Jessome

LIST OF PARTICIPANTS

None

ATTACHMENT 2

ISSUES LIST

PLEASE NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the appeal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the appeal will be a matter of evidence and argument at the hearing or the subject of a motion prior to the hearing.

Provincial Interest

1. Has appropriate regard been had for matters of provincial interest set out in Section 2 of the Planning Act, including, in particular, subsections 2 (b) protection of agricultural resources; 2 (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; 2 (h) the orderly development of safe and healthy communities; (k) the adequate provision of employment opportunities; 2 (n) the resolution of planning conflicts involving public and private interests; 2 (o) the protection of public health and safety; 2 (p) the appropriate location of growth and development; 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?

Provincial Planning Statement, 2024

2. Are 5309 Leyton Street, 5310 Leyton Street, and 5507 Co-op Street (collectively, the “Subject Lands”) located in a Settlement Area as defined by the Provincial Planning Statement, 2024?

3. Are the proposed Zoning By-law Amendment and the proposed Site Plan consistent with the Provincial Planning Statement, 2024, including Settlement Areas (policy 2.3.1), Rural Areas in Municipalities (policy 2.5), Employment (policy 2.8.1.1); Land Use Compatibility (policy 3.5); Sewage, Water, and Stormwater (policy 3.6), Agriculture (policy 4.3.1, 4.3.2, 4.3.5); Agri-Food Network (policy 4.3.6)?

County of Lambton Official Plan

4. Are the Subject Lands located in a Secondary Settlement area as defined by the County of Lambton Official Plan?

5. Do the proposed Zoning By-law Amendment and the proposed Site Plan conform with the County of Lambton Official Plan including Chapter 2 Quality of Life (including policies 2.1.5, 2.5.7, 2.5.10); Chapter 3 County Growth and Development (including policies 3.2.1, 3.2.4, 3.2.7, 3.2.9, 3.3.2,3.3.4, 3.6.3, 3.8.7); Chapter 5 Economic Growth (including policies 5.1.1, 5.2.2, 5.3.1, 5.3.5, 5.4.2, 5.5.1, 5.5.3); Chapter 7 Infrastructure (including policy 7.10.1)?

Town of Plympton-Wyoming Official Plan

6. Are the Subject Lands located in an Unserviced Hamlet Area as defined by the Town of Plympton-Wyoming Official Plan?

7. Do the proposed Zoning By-law Amendment and the proposed Site Plan conform with the Town of Plympton-Wyoming Official Plan, including Section 2 Agricultural Area Policies; Section 3 Hamlet Area Policies; Section 16 Municipal Services, Stormwater Management and Sensitive Land Use Policies; and Section 18 Community Development Policies? Without limiting the foregoing:

(a) Does the proposed Livestock Trailer Wash Station Facility conform with the compatibility criteria set out in Section 18.10.2 of the Town of Plympton-Wyoming Official Plan, considering in particular, odour, noise, visual?

(b) Is the proposed Livestock Trailer Wash Station Facility an agri-food use that supports and is complementary to agriculture as permitted in the Town of Plympton-Wyoming Official Plan policies?

(c) Is the proposed Livestock Trailer Wash Station Facility an industrial land use or a commercial land use located within the Unserviced Hamlet of Wanstead that is designated in the Town of Plympton-Wyoming Official Plan?

8. Does the proposed Livestock Trailer Wash Station Facility conform with the Town of Plympton-Wyoming Official Plan policies that permit this type of land use within the designated Highway 402 Service Centre?

Town of Plympton-Wyoming Zoning By-law 97 of 2003

9. Is the proposed Livestock Trailer Wash Station Facility an agricultural land use or a non-agricultural land use, according to the existing “A1", “A4" and “C3" Zones in the existing Town of Plympton-Wyoming Zoning By-law 97 of 2003, as amended? In particular, is the proposed Livestock Trailer Wash Station Facility a farm or accessory to a farm?

10. Is the proposed Livestock Trailer Wash Station Facility an agriculture service establishment as defined in the Town of Plympton-Wyoming Zoning By-law 97 of 2003, as amended?

11. Is the proposed Livestock Trailer Wash Station Facility a motor vehicle washing establishment as defined in the Town of Plympton-Wyoming Zoning By-law 97 of 2003, as amended?

Site Design, Land Use Compatibility, Unacceptable Adverse Impacts and Effects

12. Does the proposed Livestock Trailer Wash Station Facility on the Subject Lands, (whether it is an agriculture, non-agricultural or agri-food activity), conform with the County of Lambton Official Plan, conform with the Town of Plympton-Wyoming Official Plan, and is it consistent with Provincial Planning Statement, 2024, does the required proposed zoning by-law amendment conform with the general intent and purpose of the Town of Plympton-Wyoming Zoning By-law 97 of 2003, does the proposed site plan comply with the Town of Plympton-Wyoming Zoning By-law 97 of 2003, and does it reflect appropriate site plan design, good land use planning and the public interest, where:

(a) The Subject Lands are located within three separate properties within the Unserviced Hamlet of Wanstead;

(b) It is bisected by the public municipal highway, Leyton Street;

(c) If applicable, is it designed in accordance with the Best Practices for trailer cleaning and disinfection and the wash station, as defined and contained in the “National Biosecurity Standard for Livestock, Poultry and Deadstock Transport” (Canadian Food Inspection Agency March 29, 2018), including Annex 3: Biosecurity best practices for cleaning and disinfection; Annex 4a: Example of a cleaning and disinfection protocol for livestock transport units at a wash station; Annex 6: Biosecurity guidance for choosing a wash station;

In particular:

(i) Is there provision in the main wash building for the drive through of vehicles/trailers;

(ii) Is there obvious provision to separate clean and dirty trailers on the easterly properties of the Subject Lands (being 5507 Co-op and 5310 Leyton);

(iii) Are the internal driveways and the trailer parking areas on the Subject Lands separated into clean and dirty trailer driveways and parking;

(iv) Are the driveways and parking areas intended to be surfaced with a hard surface, other than gravel to accommodate clean trailers;

(v) Is the new parking building on 5309 Leyton to be used for parking of clean or dirty trailers;

(vi) Is the existing building with four bays on 5309 Leyton to be used for both drying clean trailers and other uses?

Is the proposed Livestock Trailer Wash Station Facility safe for humans and animals from a Biosecurity perspective, including as defined in the “National Biosecurity Standard for Livestock, Poultry and Deadstock Transport”?

Does the site design of the proposed Livestock Trailer Wash Station Facility satisfy the chain of livestock transportation strict biosecurity measures to maintain the health and well-being of cattle and pigs at the place of loading, during transportation and at the destination site. (Canadian Food Inspection Agency); and the Federal Health of Animals Regulations, including subsections 104 to 106 inclusive and 108.

Does the proposed Livestock Trailer Wash Station Facility provide for the establishment of a livestock trailer biosecurity protocol that protects animal health, performance and overall biosecurity in transport and on farms, and in particular protection of people from health risks of infectious substances?

(d) It is located in proximity to sensitive land uses, including 5507 Leyton Street, 5504 Elevator Street, 5514 Elevator Street, 5320 Leyton Street, 5327 Leyton Street, 5308 Woodford Street, 5347 Leyton Street, 5340 Wanstead Street, 5350 Wanstead Street, 5358 Wanstead Street?

(i) Does the MECP Land Use D-6 Guideline apply or have relevance to the proposed development, and if so, is the proposal compatible with the MECP Land Use D-6 Guideline?

(ii) Does it include adequate buffers and screening to allow the proposed Livestock Trailer Wash Station Facility to be compatible with the surrounding land uses, including any nearby sensitive land uses?

(iii) Has the applicant demonstrated that people and property can be adequately protected from the impacts of motor vehicles and livestock trailers arising from the Livestock Trailer Wash Station Facility operation, including traffic volume, traffic safety, parking, noise?

(iv) Has the applicant demonstrated that people and property can be adequately protected from odours arising from the Livestock Trailer Wash Station Facility operation, including dirty trailers and odours from the cleaning, disinfecting and drying of livestock trailers and motor vehicles?

(v) Has the applicant demonstrated that people and property can be adequately protected from air quality effects (particulates) arising from the Livestock Trailer Wash Station Facility operation?

(vi) Is the Livestock Trailer Wash Station Facility compatible with and supporting the character of the community?

(vii) Are there potential surface water flooding and groundwater impacts to the quantity and quality of private well water in the same aquifer, based on hydrology and hydrogeology studies? Has the applicant demonstrated that there is adequate and sustainable groundwater capacity for the operation of the Livestock Trailer Wash Station Facility and that there will be no adverse effects on water quality and quantity in private wells?

(e) It is on private wastewater services, and if so, whether the applicant has demonstrated that people, property, and the environment are adequately protected?

13. Do the municipal highways abutting the proposed Livestock Trailer Wash Station Facility (in particular, Leyton Street and Elevator Street):

(a) have the structural capacity to accommodate motor vehicles with empty livestock trailers?

(b) are improvements/reconstruction required?

(c) Has traffic safety on these municipal highways and ingresses and egresses been adequately addressed and considered?

Good Planning and Public Interest

14. If the proposed Livestock Trailer Wash Station Facility land use is approved, what planning measures and agreements are required, utilized, and enforced by the Town of Plympton-Wyoming to secure the Site Plan and the required mitigation and monitoring measures? Is a Holding Provision required in the proposed Zoning By-law Amendment?

15. Do the proposed Zoning By-law Amendment and the proposed Site Plan represent good planning and are they in the public interest?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Cornerstone Group Investments Inc.

2. The Town of Plympton-Wyoming

3. Jess Jessome

4. Cornerstone Group Investments Inc., in Reply, if any

ATTACHMENT 4

PURPOSE OF PROCEDURAL ORDER

Case Management Conferences are scheduled by the Tribunal to organize the Hearing. This sample procedural order is provided to identify who may participate in the Hearing, the issues in dispute, and the matters that are required to be carried out before the Hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as a Party or a Participant.

The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek party status in this proceeding, meet, remotely if necessary, to discuss this sample procedural order before the date of the Case Management Conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this sample procedural order at the Case Management Conference and issue a procedural order at a later date.

If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, and the Tribunal’s Rules of Practice and Procedure (“Rules”), particularly Rule 20, which are available on the Tribunal’s website.

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.