Schedule D
- RULE 8 - ROLE AND OBLIGATIONS OF A PARTY 8.1 Role and Obligations of a Party Subject to Rule 8.2 below, a person conferred party status to a proceeding before the Tribunal shall participate fully in the proceeding, and by way of example may: a. Identify issues arising from a notice(s) of appeal for the approval of the Tribunal; b. Bring or respond to any motion in the proceeding; c. Receive copies of all documents and supporting information exchanged, relied upon or filed in connection with any hearing event conducted in the proceeding; d. Present opening and closing submissions at the hearing; e. Present and examine witnesses and cross-examine witnesses not of like interest; f. Claim costs or be subject to a costs award when ordered by the Tribunal; and g. Request a review of the Tribunal’s decision or order as set out in Rule 25. 8.2 Power of Tribunal to Add or Substitute a Party The Tribunal may add a party to a proceeding when that person satisfies applicable legislative tests necessary to be a party and the Tribunal has reasonable grounds to do so, provided that the person’s presence is necessary to enable the Tribunal to adjudicate effectively and completely. The Tribunal may substitute a party and transfer another party’s interest to the substituted party when the Tribunal has reasonable grounds to do so. 8.3 Non-Appellant Party A party to a proceeding before the Tribunal which arises under any of subsections 17(24) or (36), 34(19), 37(17), 42(4.9) or 51(39) of the Planning Act or section 14 of the Development Charges Act who is not an appellant of the municipal decision or enactment may not raise or introduce a new issue in the proceeding. The non-appellant party may only participate in these appeals of municipal decisions by sheltering under an issue raised in an appeal by an appellant party and may participate fully in the proceeding to the extent that the issue remains in dispute. 8.4 Common Interest Class Where the Tribunal is of the opinion that more than one party is of common interest with another party or other parties, the Tribunal may, on its own initiative or on the request of any party, appoint a person of that class of parties to represent the class in the proceeding.
- RULE 17 - ADJOURNMENTS 17.1 Hearing Dates Fixed Hearing events will take place on the date set unless the Tribunal agrees to an adjournment. Adjournments will not be allowed that may prevent the Tribunal from completing and disposing of its proceedings within any applicable prescribed time period. 17.2 Requests for Adjournment if All Parties Consent If all of the parties agree, they may make a written request to adjourn a hearing event. The request must include the reasons, a suggested new date, and the written consents of all parties. However, the Tribunal may require that the parties attend in person or convene an electronic hearing to request an adjournment wherein the Tribunal will consider its powers under Rule 17.5, even if all of the parties consent. The consenting parties are expected to present submissions to the Tribunal on the application of any prescribed time period to dispose of the proceeding. 17.3 Requests for Adjournment without Consent If a party objects to an adjournment request, the party requesting the adjournment must bring a motion at least 15 days before the date set for the hearing event. If the reason for an adjournment arises less than 15 days before the date set for the hearing event, the party must give notice of the request to the Tribunal and to the other parties and serve their motion materials as soon as possible. If the Tribunal refuses to consider a late request, any motion for adjournment must be made in person, at the beginning of the hearing event. 17.4 Emergencies Only The Tribunal will grant last minute adjournments only for unavoidable emergencies, such as illnesses so close to the hearing date that another representative or witness cannot be obtained. The Tribunal must be informed of these emergencies as soon as possible. 17.5 Powers of Tribunal upon Adjournment Request The Tribunal may, a. grant the request. b. grant the request and fix a new date or, where appropriate, the Tribunal will schedule a case management conference on the status of the matter; c. grant a shorter adjournment than requested; d. deny the request, even if all parties have consented; e. direct that the hearing proceed as scheduled but with a different witness, or evidence on another issue; f. grant an indefinite adjournment, if the Tribunal finds no substantial prejudice to the other parties or to the Tribunal’s schedule and the Tribunal concludes the request is reasonable for the determination of the issues in dispute. In this case, a party must make a request, or the Tribunal on its own initiative may direct, that the hearing be rescheduled or resumed as the case may be; g. convert the scheduled date to a mediation or case management conference; and h. make any other appropriate order.
- RULE 19 - CASE MANAGEMENT CONFERENCES 19.1 Case Management Conference At the request of a party, on its own initiative or as may be required by legislation or regulation, the Tribunal may direct parties to participate in a case management conference conducted by a Member of the Tribunal, which can include settlement conferences, motions or preliminary hearing matters, such as to: a) Identify the parties and participants; b) Determine the issues raised by the appeal; c) Narrow the issues in dispute; d) Identify facts or evidence the parties may agree upon or on which the Tribunal may make a binding decision; e) Obtain admissions that may simplify the hearing, which may include the examination of persons by the Tribunal as part of the conference; f) Provide directions for exchange of witness lists, witness statements, expert witness statements and reports, for meetings of experts including to address the disclosure of information such as the disclosure of the information that was not provided to the municipality before council or the approval authority made its decision that is the subject of the appeal, and for further disclosure where necessary; g) Provide directions to the parties to file a hearing plan to outline how the hearing will proceed, the order of witnesses, or the anticipated time for submissions to ensure the Tribunal sets aside sufficient time in its hearing calendar to dispose of the issues; h) Discuss opportunities for settlement, including possible use of mediation or other dispute resolution processes; i) Fix a date, place and format for the hearing and estimate its length, and encourage the parties to agree upon the dates for any procedural steps; j) Discuss issues of confidentiality, including any need to hold a part of the hearing in the absence of the public or to seal documents; k) Address the production and cost sharing of joint document books; and l) Deal with any other matter that may assist in a fair, just, expeditious and cost-effective resolution of the issues. 19.2 Sample Procedural Order and Meeting Before Case Management Conference Where the parties are known before the case management conference, they are expected to discuss the matters set out in Rule 19.1 and present a draft procedural order to the Tribunal for its approval. Sample procedural orders are listed in the Index to these Rules. 19.3 Serving Notice of a Conference The Tribunal will determine the notice requirements for a Case Management Conference and any directions to serve a Notice of Case Management Conference that provides the time, place and format of the conference. The directions may include a notice to all persons or authorities entitled by legislation or regulation. The person, municipality or approval authority who is issued the direction must serve this notice on those persons entitled to notice of the conference
- and provide an affidavit to the Tribunal, at or prior to the conference, to prove service of the notice. 19.4 Tribunal Member Presides The Tribunal’s Chair will assign at least one Member of the Tribunal to conduct the conference. 19.5 Public Attendance at a Case Management Conference A case management conference held in person will be open to the public. A case management conference held by electronic hearing will be open to the public where practical. Despite the general principle of public open sessions, where circumstances prevail that may require confidentiality, in the discretion of the presiding Tribunal Member, part or all of the conference may be conducted in camera. 19.6 Conversion from One Procedure to Another The Tribunal Member may, at any time, conduct a procedural discussion, initiate a motion, inquire into a preliminary matter, or convert the conference into a hearing. The Tribunal will state in the notice of a case management conference that the parties are expected to arrive prepared for a procedural and settlement conference as well as a preliminary hearing, where evidence or formal statements or submissions may be heard. Even if no settlement is reached, the Tribunal may proceed to make a final decision on any evidence received during the conference. 19.7 Results of Failure to Attend a Conference If a party fails to attend the conference or by authorized representative, the Tribunal may proceed without that party. The non-attending party is not entitled to notice of subsequent hearing events in the proceedings. 19.8 Tribunal Order Following The Tribunal Member conducting the case management conference will issue an order that may decide any of the matters considered at the conference and provide procedural directions for any subsequent hearing event. 19.9 Hearing Member Bound The Tribunal Member conducting the hearing or any subsequent hearing event is bound by the order resulting from the case management conference unless that Member is satisfied that there is good reason to vary the order. 19.10 Methods of Holding Hearing Events The Tribunal may direct in an order following a conference that hearing events in a proceeding be held by a combination of written, electronic or in person hearing events.
- RULE 20 - ELECTRONIC HEARINGS 20.1 Hearing Events by Teleconference or Videoconference The Tribunal may hold a hearing event by electronic hearing, such as by teleconference or videoconference, for the determination of any issue in the proceeding. Where the Tribunal directs that a hearing event be held by electronic hearing, the Tribunal may direct a party to make the necessary arrangements and to give notice of those arrangements to the Tribunal and other parties. 20.2 Objection to the Electronic Format A party who objects to a hearing event being held as an electronic hearing shall notify the Tribunal and all other parties of its objection within the time period specified in the notice of the electronic hearing. The objecting party shall set out the reasons why the electronic hearing is likely to cause the objecting party significant prejudice. 20.3 Response to Notice of Objection The Tribunal may request a written response from other parties to the objection of an electronic hearing within a time period set out by the Tribunal. 20.4 Procedure When Objection is Received If the Tribunal receives an objection to hold a hearing event by electronic hearing, it may: a) Accept the objection, cancel the electronic hearing, and schedule an in person or written hearing; or b) If the Tribunal is satisfied, after considering any responding submissions that no significant prejudice will result to a party, then the Tribunal will reject the objection and proceed with the electronic hearing. 20.5 Directions for the Electronic Hearing The Tribunal may direct the arrangements for the electronic hearing or designate an approved location for videoconference to protect the integrity of the hearing process, including the security and confidentiality of evidence as necessary. 20.6 Videoconferences The Tribunal shall pre-approve all arrangements for conducting a hearing event by videoconference, including the pre-filing and exchange of motion materials, documents, written submissions or any visual and written evidence, and the locations for the conference. Any information, statement or material intended to be filed as an exhibit at a videoconference shall be pre-filed with the Tribunal and provided to all parties in accordance with the Tribunal’s directions or procedural order for conducting a hearing event by videoconference. 20.7 The View of the Camera A party’s representative or a witness in a videoconference shall be in view of the camera, with minimal visual obstructions, in the course of their presentations or submissions to the Tribunal. Where a witness is being examined or cross-examined, there shall be a view of the witness, counsel protecting the witness, and the person conducting the examination or cross-examination. Any document that may be referred to by parties or their witnesses shall be visible and legible to the Tribunal and all other parties to the conference, either by the camera or by referring to a copy of the document exchanged in accordance with the Tribunal’s directions.