Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 14, 2026
CASE NO(S).: OLT-26-000032 OLT-25-000664
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: First Capital Holdings (Ontario) Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Development of a 33-storey residential building and a 43-storey mixed-use building consisting of 1,001 residential units
Reference Number: 22 234848 ESC 21 OZ
Property Address: 2640-2650 Lawrence Ave. East and 1451 Midland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-26-000032
OLT Lead Case No: OLT-26-000032
OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: First Capital Holdings (Ontario) Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: Development of a 33-storey residential building and a 43-storey mixed-use building
Reference Number: 22 234848 ESC 21 OZ
Property Address: 2640-2650 Lawrence Avenue East and 1451 Midland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000664
OLT Lead Case No: OLT-25-000664
OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)
Heard: April 2, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
First Capital Holdings (Ontario) Corporation City of Toronto
A. Benedetti R. Kallio
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON APRIL 2, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) for OLT-26-000032 held in preparation for the appeal by First Capital Holdings (Ontario) Corporation (“Appellant”) pursuant to s. 22(7) of the Planning Act due to the failure of the City of Toronto (“City”) to make a decision within the statutory timelines on the Official Plan Amendment (“OPA”) application. The municipal addresses of the properties pertaining to the OPA are 2640-2650 Lawrence Avenue East and 1451 Midland Avenue in the City (“Subject Lands”).
2The purpose of the CMC was to review any Party or Participant status requests with the Parties and to discuss the possibility of hearing the OPA and Zoning By-law Amendment (“ZBA”) appeal together. The ZBA was first brought before the Tribunal at an earlier CMC on December 11, 2025 (case number OLT-25-000664).
BACKGROUND
3The purpose of the OPA would permit the redevelopment of the Subject Lands with a 33-storey residential building on the northern portion of the site and a 43-storey mixed-use building on the southern portion of the site. The two buildings would create a total of 1,001 new dwelling units while sharing an underground parking garage which would have a total of 506 parking spaces.
AFFIDAVIT OF SERVICE
4The Tribunal reviewed the Affidavit of Service of Notice provided by Nancy Borges dated March 17, 2026, with the Parties. After review, the Tribunal found no issues with the Affidavit. The Tribunal marked the Affidavit as Exhibit 1 to the hearing event and ruled that no further Notice would be necessary.
PARTY OR PARTICIPANT STATUS
5No Party requests were received by the Tribunal before or during the CMC. The Tribunal had received one Participant Status request prior to the CMC from Robin Persaud, whose statement represents the issues and concerns of Condominium Corporation MTCC 1038 and Condominium Corporation MTCC 1039. The Tribunal ruled that the Participant Statement would be allowed and that it would be used in the final Decision of the Tribunal.
HEARING OF APPEALS TOGETHER
6At the previous CMC held on December 11, 2025, which concerned the ZBA, the Parties told this Tribunal Member that the OPA was nearing the end of the statutory timelines for a decision by the City, and it was the intent of the Appellant to appeal the OPA as soon as those timelines had passed. The previous decision of the Tribunal had scheduled this CMC to, at a minimum, review the updated Procedural Order (“PO”) and the Issues List (“IL”) for the ZBA, and, if the OPA appeal had been processed prior to this CMC, review the preliminary matters of the OPA and possibly make a decision on hearing the appeals together. As a result of the OPA being before the Tribunal at this CMC, the Parties requested that the OPA and ZBA be heard together as this would allow for the most efficient hearing process for the appeals (“Appeals”). The Tribunal agreed with this process and ruled that the OPA and ZBA would be heard together at all future hearing events.
OPPORTUNITIES FOR RESOLUTION
7The Parties stated that they have scheduled dates for private mediation – the goal being, at a minimum, to reduce the number of issues that may come before the Tribunal at the future hearing event. The Parties were directed to notify the Tribunal as soon as possible as to the results of the mediation and whether any issues have been resolved and if any dates can be released from the Tribunal’s calendar.
PROCEDURAL ORDER AND ISSUES LIST
8The Parties filed an updated PO with an agreed-upon IL with the Tribunal prior to this CMC. The updated PO and IL included all the necessary issues concerning both of the Appeals. The Tribunal reviewed the PO and IL with the Parties and approves of its contents. The PO and IL attached as Schedule 1 will be used to govern all the events leading up to and including the next hearing event.
NEXT HEARING EVENT
9The Tribunal had earlier scheduled a Hearing of seven (7) days by video conference to begin on Tuesday, November 17, 2026, at 10 a.m.
10Parties and Participants and/or Observers are asked to log in to the Hearing by video 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
11Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 914-098-901.
12Individuals 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.
13As 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
14THE TRIBUNAL ORDERS THAT there will be no further Notice and that OLT-25-000664 and OLT-26-00032 will be heard together.
15THE TRIBUNAL FURTHER ORDERS that the Procedural Order, attached as Schedule 1, will govern all events leading up to and including the hearing event. The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
“S. deBoer”
S. DEBOER
MEMBER
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 1
CASE NO(S).: OLT-25-000664 OLT-26-000032
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: First Capital Holdings (Ontario) Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Development of a 33-storey residential building and a 43-storey mixed-use building consisting of 1,001 residential units
Reference Number: 22 234848 ESC 21 OZ
Property Address: 2640-2650 Lawrence Ave. East and 1451 Midland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-26-000032
OLT Lead Case No: OLT-26-000032
OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: First Capital Holdings (Ontario) Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: Development of a 33-storey residential building and a 43-storey mixed-use building
Reference Number: 22 234848 ESC 21 OZ
Property Address: 2640-2650 Lawrence Avenue East and 1451 Midland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000664
OLT Lead Case No: OLT-25-000664
OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)
PROCEDURAL ORDER
- 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
The video hearing will begin on November 17, 2026, at 10:00 a.m.
The length of the hearing is seven (7) 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 the attached Summary of Dates.
The parties and participants identified at the case management conference are set out in Attachment 1. The meaning of the terms used in this Procedural Order are listed in Attachment 4.
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.
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.
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.
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.
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
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 July 3, 2026. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for the Tribunal to adjourn the hearing.
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 July 20, 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 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 and notice of same must be served on the other Parties by August 4, 2026.
Expert witnesses in the same field shall have a meeting on or before August 14, 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 an Agreed Statement of Facts and Issues with the OLT case co-ordinator on or before August 19, 2026.
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.
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.
On or before September 3, 2026, 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 24 below.
On or before September 3, 2026, a participant shall provide copies of their written participant statement to the other parties 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.
On or before October 8, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 16, 2026, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before October 2, 2026, and in accordance with paragraph 24 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 28, 2026.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 5, 2026, 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.
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 Rule 7.
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.
SUMMARY OF DATES
DATE
EVENT
July 3, 2026
Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
July 20, 2026
Exchange of witness lists (names, disciplines and order to be called)
August 4, 2026
Last Day to Challenge Witness Qualifications
August 14, 2026
Experts Meeting
August 19, 2026
Agreed Statement of Facts
September 3, 2026
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
October 2, 2026
Exchange of Reply Witness Statements (if any)
October 16, 2026
Exchange of visual evidence (if any)
October 28, 2026
Preparation of Joint Document Book
November 5, 2026
Final Hearing Plan filed with the Tribunal
November 17, 2026
Hearing commences
ATTACHMENT 1 PARTIES/PARTICIPANTS
Parties
First Capital Holdings (Ontario) Corporation. Anne Benedetti (416) 597-5929 abenedetti@goodmans.ca
City of Toronto Ray Kallio (416) 397-4063 ray.kallio@toronto.ca
Participants
- Robin Persaud – MTCC 1038/1039 Robin Persaud (416) 888-4838 skirobin@rogers.com
ATTACHMENT 2 ISSUES LIST
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 Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
NOTE: To the extent that the applicant modifies its proposal in accordance with paragraph 9 of the Procedural Order, the City of Toronto reserves the right to delete from or to add issues to its Issues List.
City of Toronto
- Does the proposed development, official plan amendment and zoning by-law amendment have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular subsections:
(h) the orderly development of safe and healthy communities;
(i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities;
(m) the co-ordination of planning activities of public bodies;
(o) the protection of public health and safety;
(p) the appropriate location of growth and development;
(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and
(r) the promotion of built form that,
(i) is well-designed,
(ii) encourages a sense of place, and
(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.
Provincial Planning Statement (2024)
Is the proposed development, official plan amendment and zoning by-law amendment consistent with the Provincial Planning Statement (2024) pursuant to Section 3(5) of the Planning Act, in particular policies:
- Planning for People and Homes – Policy 2.1.6.a);
- Settlement Areas and Settlement Area Boundary Expansion – Policy 2.3.1.3;
- Strategic Growth Areas – Policies 2.4.1.2.b) and d), 2.4.1.3.b), c) and e);
- Employment – Policies 2.8.1.1.a) and d);
- Sewage, Water and Stormwater – Policies 3.6.1.d);
- Public Spaces, Recreation, Parks, Trails and Open Space – Policies 3.9.1.a) and b); and
- Natural Hazards – Policies 5.1.1, 5.2.2, 5.2.3, 5.2.5 and 5.2.8 ?
City of Toronto Official Plan
Does the proposed development, official plan amendment and zoning by-law amendment conform with the policies of the City of Toronto Official Plan with respect to:
- Increasing Access to Opportunities – Policy 2.2.3;
- Maintaining and Developing a Sustainable Transportation System – Policies 2.2.5 f) and h);
- Avenues: Creating Complete Communities Along Strategic Transit Corridors – Policies 2.2.3.1., 2.2.3.3, 2.2.3.4, 2.2.3.6 and 2.2.3.7;
- Bringing the City Together: A Progressive Agenda of Transportation Change – Policy 2.4.2;
- The Public Realm – Policies 3.1.1.2., 3.1.1.6., 3.1.1.8, 3.1.1.9., 3.1.1.10., 3.1.1.11., 3.1.1.12., 3.1.1.13., 3.1.1.14., 3.1.1.15., 3.1.1.16., 3.1.1.18., 3.1.1.19. and 3.1.1.20.;
- Built Form – Policies 3.1.3.1., 3.1.3.2., 3.1.3.4., 3.1.3.5., 3.1.3.6., 3.1.3.7., 3.1.3.8., 3.1.3.9., 3.1.3.10., 3.1.3.11. and 3.1.3.13.;
- Built Form - Building Types – Policies 3.1.4.1., 3.1.4.4., 3.1.4.5., 3.1.4.6., 3.1.4.9., 3.1.4.10. and 3.1.4.11.;
- Parks and Open Spaces – Policies 3.2.3.1.a) and b), 3.2.3.3., 3.2.3.8.;
- The Natural Environment – Policies 3.4.1.e), 3.4.6, 3.4.7, 3.4.8, 3.4.10.;
- The Future of Retailing – Policies 3.5.3.3., 3.5.3.4., 3.5.3.5. and 3.5.3.6.; and
- Mixed Use Areas – Policies 4.5.2.c), e), f), g) and i) ?
Guidelines and Standards for the City of Toronto
Does the proposed development meet the intent and purpose of the following City of Toronto design guidelines:
- Complete Streets Guidelines;
- Growing Up: Planning for Children in New Vertical Communities;
- Mid-Rise Building Design Guidelines;
- Pedestrian Level Wind Study Guide;
- Retail Design Manual; and
- Tall Building Design Guidelines ?
Site Specific Issues
Is the proposed site organization and built form appropriate, does it conform with applicable policies and is it consistent with relevant guidelines? More particularly, but without limiting the generality of the foregoing:
- Does the proposed development appropriately contemplate the site organization and the phased development of the entire site?
- Whether the proposed development satisfies the parkland dedication requirement through an on-site dedication, including an proper size, location and configuration?
- Does the location of the on-site parkland allow for future parkland expansion?
- Is the proposed building type fronting Lawrence Avenue East appropriate?
- Are the proposed building heights, street wall heights, massing, setbacks and step-backs appropriate?
- Does the proposal achieve an appropriate relationship to the existing and planned context?
- Is the indoor amenity space sufficient in size?
- Has the commercial space been appropriately designed?
- Are the shadow impacts from the proposed development acceptable?
- Are the proposed wind impacts from the proposed development acceptable?
- Are the vehicular and pedestrian accesses appropriate, including the consolidation of curb cuts?
- Are the traffic impacts, parking assessment site access, including the necessary transportation infrastructure appropriate?
Does the proposal provide an appropriate mix of uses, including opportunities for local retail, community and service uses?
Does the development provide safe access for vehicles and pedestrians during times of flooding?
Does the proposed development provide a suitable growing environment for the planting of new trees with adequate space to reach maturity?
Is it appropriate to sever the land in order to provide adequate service connections to both the proposed block and the existing block and is the servicing proposed adequate?
Does the proposed development represent principles of good planning and urban design and is it in the public interest?
Implementation
If the proposed Official Plan Amendment and Zoning By-law Amendment are approved by the Tribunal, in whole or in part, should the Tribunal’s final order be withheld until it has been advised by the City Solicitor that:
The final form and content of the draft Official Plan Amendment and Zoning By-law Amendment, including any Holding Provisions necessary to ensure adequate servicing, is to the satisfaction of the Executive Director, Development Review and the City Solicitor;
The owner has submitted a revised Functional Servicing Report, Stormwater Management Report, Geotechnical Study and Hydrogeological Report, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Director, Engineering Review;
The owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Director, Engineering Review;
The owner has submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of the Director, Engineering Review, and the Executive Director, Development Review, and that such matters arising from such study, be secured if required;
The owner has submitted a revised Arborist Report or addendum, and Tree Protection Plan acceptable and satisfactory to the Executive Director, Environment, Climate and Forestry;
The owner has submitted a revised Sun/Shadow Study acceptable and satisfactory to the Chief Planner and Executive Director, City Planning;
The owner has submitted a revised Pedestrian Level Wind Study acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review;
The owner has submitted a revised Grading Plan and any additional supporting materials required for the purposes of demonstrating sufficient mitigation of the flood risk, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review.
ATTACHMENT 3 ORDER OF EVIDENCE
First Capital Holdings (Ontario) Corporation.
City of Toronto
Reply of First Capital Holdings (Ontario) Corporation, if any.
ATTACHMENT 4
Attachment to Sample Procedural Order
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.
1390-4459-2657