Ontario Land Tribunal

Issue Date: May 12, 2026

Case No(s).: OLT-25-000996

Proceeding Commenced Under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”)

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of an industrial subdivision

Reference Number: UHOPA-25-002

Property Address: 448 Book Road East

Municipality: City of Hamilton

OLT Case No.: OLT-25-000996

OLT Lead Case No.: OLT-25-000996

OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)

Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”)

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

Description: To permit the development of an industrial subdivision

Reference Number: ZAC-25-012

Property Address: 448 Book Road East

Municipality: City of Hamilton

OLT Case No.: OLT-25-001004

OLT Lead Case No.: OLT-25-000996

OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)

Proceeding Commenced Under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”)

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

Description: To permit the development of an industrial subdivision

Reference Number: 25T-202502

Property Address: 448 Book Road East

Municipality: City of Hamilton

OLT Case No.: OLT-25-001005

OLT Lead Case No.: OLT-25-000996

OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)

Heard: April 29, 2026, by Video Hearing

Appearances

Parties Kierland 448 Book Rd. Ltd. (“Kierland”)

Counsel Katarzyna Sliwa Max Reedijk

Parties City of Hamilton (“City”)

Counsel Courtney Boyd Melanie Benedict

Memorandum of Oral Decision Delivered by Sharon L. Dionne on April 29, 2026 and Order of the Tribunal

Introduction

1This is the Tribunal’s Decision and Order stemming from a second Case Management Conference (“CMC”) on the appeals filed by Kierland in respect of the failure of City Council to make decisions on Kierland’s planning applications, seeking amendments to the City’s Official Plan and Zoning By-law, and a Draft Plan of Subdivision, within the timeframes prescribed under the Planning Act, R.S.O. 1990, c. P 13, as amended (“Act”).

2The affected lands are municipally known as 448 Book Road East in the City of Hamilton (“Property”).

Requests for Status

3The Tribunal received requests for Participant Status from Ed Vella and Lou DiDomenico, both of whom had attended the first CMC held on the appeals. Having considered the submissions, the Tribunal granted Participant status and accepted their Participant Statements on consent of the Parties.

Update from Parties and Procedural Matters

4Counsel for the Parties provided an update to the Tribunal based on discussions that have taken place between the Parties since the time of the first CMC.

5The Parties advised the Tribunal that they have agreed to submit a request for the scheduling of a Tribunal-led mediation assessment (through the Tribunal’s Case Coordinator). The Parties are hopeful that mediation will begin before June 19, 2026 to allow them time for discussions which may lead potentially to the narrowing or resolution of issues between them.

6The Parties, having agreed on procedural matters, had filed a draft Procedural Order and Issues List (“PO/IL”) with the Tribunal in advance of the CMC, and were seeking the scheduling of a hearing on the merits of the appeals to be held in February 2027. Additionally, the Parties were seeking the scheduling of a third CMC to be held in the Fall of 2026, to serve as an opportunity to provide a further update and to bring forward any settled matters to the Tribunal.

Next Steps

7A third CMC is scheduled for Monday, November 9, 2026, commencing at 10 a.m. by video conference.

8A nine-day Hearing on the appeals is scheduled to proceed by video conference on Tuesday, February 16, 2027 through Friday, February 26, 2027, commencing at 10 a.m.

9The hearings are scheduled to proceed by video as follows:

Monday, November 9, 2026, at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 638-422-541

Tuesday, February 16, 2027, at 10 a.m. (nine-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 914-098-901

10Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

11Parties 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

12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.

13Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

14As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.

Order

15THE TRIBUNAL ORDERS as follows:

a. The following persons are granted Participant Status: Lou DiDomenico and Ed Vella;

b. A third Case Management Conference is scheduled as set out above; and,

c. A nine-day Hearing is scheduled as set out above, and the Procedural Order attached hereto as Schedule “A” shall govern the conduct of this proceeding.

16The Member is not seized but may be available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

17No further notice will be given.

“Sharon L. Dionne”

SHARON L. DIONNE

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 A

Ontario Land Tribunal

Issue Date: May 12, 2026 Case No.: OLT-25-000996

Proceeding Commenced Under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”) Subject: Request to amend the Official Plan - Failure to adopt the requested amendment Description: To permit the development of an industrial subdivision Reference No.: UHOPA-25-002 Property Address/Description: 448 Book Road East Municipality: City of Hamilton OLT Case No.: OLT-25-000996 OLT Lead Case No.: OLT-25-000996 OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)

Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”) Subject: Request to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of an industrial subdivision Reference No.: ZAC-25-012 Property Address/Description: 448 Book Road East Municipality: City of Hamilton OLT Case No.: OLT-25-001004 OLT Lead Case No.: OLT-25-000996 OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)

Proceeding Commenced Under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”) Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of an industrial subdivision Reference No.: 25T-202502 Property Address/Description: 448 Book Road East Municipality: City of Hamilton OLT Case No.: OLT-25-001005 OLT Lead Case No.: OLT-25-000996 OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (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 February 16, 2027 at 10:00 a.m., for a period of 9 days until February 26, 2027 at the following link:

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

Access code: 914-098-901

3. The parties’ initial estimation for the length of the hearing is 9 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. The procedural order deadlines are generally found in Attachment 1.

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. The meaning of the terms used in this Procedural Order are identified in Attachment 5.

8. 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.

9. 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.

10. 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

11. 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 October 30, 2026 and in accordance with paragraph 24 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. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed must be made within 10 days following the exchange of witness lists and shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties.

12. Expert witnesses in the same field shall have a meeting on or before November 13, 2026 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 coordinator on or before November 27, 2026.

13. 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 15 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.

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 15 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 15 below.

15. On or before December 18, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 24 below.

16. On or before December 18, 2026, a participant shall provide copies of their written participant statement to the other parties and to the OLT case coordinator in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before January 12, 2027, the parties may provide to all other parties and the OLT case coordinator a written response to any written evidence in accordance with paragraph 24 below.

18. On or before January 12, 2027 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

19. On or before February 5, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before February 5, 2027.

21. 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.

22. 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 9, 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.

24. All filings shall be submitted electronically unless otherwise directed. 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.

25. 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 October 16, 2026. The Applicant acknowledges that any revisions to the proposal after that date without the consent of the parties parties or which do not seek to scope or resolve concerns expressed in the Witness Statement(s) filed by another party, may be grounds for the Tribunal to adjourn the hearing.

26. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness, and except as contemplated in paragraph 25 of this Order. The Tribunal’s Rule 17 applies to such requests.

Attachment 1

Summary of Dates

Date	Event
October 16, 2026	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
October 30, 2026	Exchange List of Proposed Witnesses
November 13, 2026	Deadline for Expert Witness Meeting
November 27, 2026	Deadline for Statement of Agreed Facts and Issues
December 18, 2026	Deadline for Witness Statements; Deadline for Expert Witness Statements; and Deadline for Participant Statements
January 12, 2027	Deadline for Reply Witness Statements (if any); and Deadline for Reply Expert Witness Statements (if any)
January 12, 2027	Deadline for advising the Tribunal if all the reserved hearing dates are required
February 5, 2027	Deadline for Visual Evidence
February 5, 2027	Deadline for Joint Document Book
February 9, 2027	Deadline for Preliminary Hearing Plan
February 16-26, 2027	Commencement of Hearing

Attachment 2

List of Parties and Participants

Party/Participant	Counsel/Representative
Kierland 448 Book Rd. Ltd. (Applicant/Appellant)	Dentons Canada LLP 77 King Street West, Suite 400 Toronto-Dominion Centre Toronto, ON M5K 0A1 Katarzyna Sliwa Email: kat.sliwa@dentons.com Tel: 416-863-4628 Max Reedijk Email: max.reedijk@dentons.com Tel: 416-863-4726
City of Hamilton (Municipality)	City of Hamilton City Hall 71 Main Street West, 6th Floor Hamilton, Ontario L8P 4Y5 Courtney Boyd Email: Courtney.Boyd@hamilton.ca Tel: 905-546-2424 Ext 4225 Melanie Benedict Email: Melanie.Benedict@hamilton.ca Tel: 905-546-2424 Ext 8037
Lou Di Domenico	Email: didomen@mcmaster.ca Tel: 905-564-8764
Ed Vella	Email: edvella@icloud.com

Attachment 3 Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City’s Issues List

PLANNING

Planning Provincial Policy

1. Is the development proposal consistent with the Provincial Planning Statement (2024) (“PPS”), including but not limited to policies 2.3.1.2 b), 2.3.1.6, 2.8.2.1, 2.8.2.2, 2.8.2.5 a), c) and d), 2.9.1 d), 3.1.3, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.6.1, 3.6.2, 3.6.8, 4.1, 6.1.7 and 6.1.8?

Planning Official Plan Policy

2. Does the proposal conform to the policies of the Urban Hamilton Official Plan including but not limited to policies B.3.1.2 a), B.3.1.2 b), B.3.1.2 c), B.3.6.5.11 , C.2.2.2, C.2.2.4, C.2.2.8, C.2.3, C.2.3.1, C.2.3.3, C.2.5.3, C.2.5.4, C.2.5.5, C.2.5.8, C.2.5.9, C.2.5.10, C.2.5.11, C.2.5.12, C.2.5.13, F.1.14.1.2 of Volume 1 of the Urban Hamilton Official Plan and B.8.2.2 b), B.8.2.3 e), B.8.4.2, B.8.2.11, B.8.12.1, B.8.12.2, B.8.3.5, B.8.9, B.8.9.3 ,and B.8.12.1 of Volume 2 of the Airport Employment Growth District Secondary Plan?

3. Is the proposal in compliance with Policies E.5.2.6, E.5.2.7 m), E.5.2.8, F.1.14.1 b), F.1.14.1.2 a) to e)?

Planning Secondary Plan Policy

4. Does the proposal meet the Secondary Plan’s vision Policy 8.2.1?

5. Does it comply with Policies 8.2.2 a), b), 8.2.4 c), e), i), B.8.2.11 a), b), c), and e, B.8.3.4, B.8.3.5, B.8.3.8?

6. Does the proposal meet the minimum employment density of 37 employees per net hectare?

7. Does the proposal meet the design policies B.8.4.5.7 and B.8.4.7.2 for Prestige Industrial and Airside Industrial designations?

8. Does the proposal comply with B.8.5 Natural Open Space?

9. Does the proposal meet the Secondary Plan’s Eco Industrial Design guidelines?

NATURAL HERITAGE

10. Is the development proposal consistent with the Provincial Planning Statement (2024) (PPS) in terms of policies 2.9.1 d), 4.1.1, 4.1.2, 4.1.3, 4.1.4, 4.1.5, 4.1.6, 4.1.7, 4.1.8, 4.2.1 c), 4.2.1 e) (2) and 4.2.2.?

11. Does the Applicant’s Environmental Impact Statement demonstrate that the features and functions of the Natural Heritage System will not be negatively impacted including required setbacks as required under the Urban Hamilton Official Plan including but not limited to policies C.2.1, C.2.2, C.2.3, C.2.3.1, C.2.3.3, C.2.5.2, C.2.5.3, C.2.5.4, C.2.5.5, C.2.5.8, C.2.5.9, C.2.5.10, C.2.5.11 C.2.5.12, C.2.5.13, F.3.2.1.1, F.3.2.1.2 of Volume 1 of the Urban Hamilton Official Plan and B.8.2.2 a), B.8.2.2 b), B.8.2.3 a), B.8.2.11, B.8.3.5, B.8.9.3, B.8.12.1 and B.8.12.2 of Volume 2 of the Airport Employment Growth District Secondary Plan?

12. Has adequate consideration been given to the protection of trees in conformity with policies C.2.11.1, C.2.11.4 and C.2.11.5 of Volume 1 of the Urban Hamilton Official Plan and B.8.2.2 b), B.8.2.11 concerning matters including but not limited to the removal of private trees and ecological impact on the Core Areas?

13. Does the proposed Zoning By-law Amendment conform to Urban Hamilton Official Plan Volume 1 policy C.2.2.8 and avoid negative impacts on the Core Areas?

URBAN DESIGN

14. Does the proposal conform to policy B.3.3.2.2 which shall apply to all development and redevelopment where applicable. Does the proposal meet policies B.3.3.2.3 a), and e)? B.3.3.2.4 a), i), B.3.3.2.6 a), b), B.3.3.2.8 a) b), c)?

ARCHAEOLOGY

15. Does the proposal conform with policies B.3.4.4 of Volume 1 of the Urban Hamilton Official Plan and B.8.2.12 and B.8.13.4 of Volume 2 of the Airport Employment Growth District Secondary Plan.

TRANSPORTATION PLANNING

16. Does the proposal comply with C.4.2.4.1, ? Does the proposal comply with C.4.2.5.1, C.4.2.10 e), and g), C.4.2.19, C.4.5.11, C.4.5.12?

17. Does the proposal comply C.4.5.6 and C.4.5.7, (right-of-way dedications and daylight triangle dedications) Vol 2, B.8.10.1.b, B.8.10.3, B.8.10.12, B.8.10.13, B.8.10.14, B.8.10.15 required by the UHOP and AEGD policies?

18. Is the proposal premature in relation to the Environmental Assessment “Study Commencement for Airport Employment Growth District EW Arterial Road Network EA”?

19. Is the development proposal consistent with Provincial Policy Statement (2024) (“PPS) in terms of policies 3.2 for transportation systems?

20. Is the development proposal consistent with Provincial Policy Statement (2024) (“PPS) in terms of policies 3.3 for transportation and infrastructure corridors?

DEVELOPMENT ENGINEERING

21. Does the proposal meet the intent of policies C.5.3.6, C.5.3.14,C.5.3.16, C.5.3.17 and C.5.4.3, C.5.4.5, C.5.4.11 of Volume 1 of the Urban Hamilton Official Plan and policies B.8.2.9, B.8.11.1 of Volume 2 of the Airport Employment Growth District Secondary Plan?

22. Does the proposal comply with B.8.9 Water Resources and Stormwater Management?

PLANNING

23. Are the proposed site specific performance standards compatible and in keeping with the intent of the City of Hamilton Zoning By-law No.05-200?

24. Does the proposed development represent good land use planning and is the proposal in the public interest?

Attachment 4 Order of Evidence

1. Kierland 448 Book Rd. Ltd.
2. City of Hamilton
3. Reply by Kierland 448 Book Rd. Ltd. (if any)

Attachment 5

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 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 authorization 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.