PREHEARING CONFERENCE, Thursday, June 29th, 10:00 am, 655 Bay Str., 16th Floor Toronto M5G 1E5
The Hearing date will be set for early 2018. The Chair advised that presentations should be coordinated to avoid repeating arguments.
A Draft Procedural Order will be circulated August 11th, 2017. A draft procedural order contains dates by which the parties have take specific actions (i.e., provide a list of witnesses, exchange witness statements, provide visual evidence) and also contains a list of the Issues of the parties opposing the development.
The conference dealt with preliminary and procedural matters, including the following:
- Identification of parties – these persons have the right to participate throughout by presenting evidence, questioning witnesses, and making final arguments. In order for the Board to determine your status for the hearing, you or your representative should attend the prehearing conference and ask to be added as a party. Groups, whether incorporated or not, who wish to become parties should name a representative. Parties do not need to be represented by lawyers or agents.
- Identification of participants – persons who do not wish to participate throughout the hearing may attend the hearing and make a statement to the Board. Such persons should also attend the prehearing conference.
- Identification of issues
- Start date of the hearing
- Duration of the hearing
- Directions for prefiling of witness lists, expert witness statements and written evidence
- The hearing of motions - The request for a second Pre-Hearing was refused.
- Such further matters as the Board considers appropriate
- Possibility of settlement of any or all of the issues — the panel could explore with the parties whether the case before the Board and the issues in dispute are matters that may benefit from the assistance of a mediation meeting conducted by a Member of the Board. No mediation was arranged at the pre-hearing.
Mediation is a voluntary process of negotiation that encourages all sides in a dispute to get a better understanding of each other’s positions and fully explore and consider options for a mutually acceptable settlement of all or some of the issues in dispute. The panel may direct, upon consent of the parties, that some or all of the issues in dispute proceed to mediation. Where mediation is directed, a different Member of the Board would conduct the mediation.
Everyone present should come prepared to consider specific dates for proceedings in this matter.
Evidence or formal statements may also be heard at the prehearing conference in an attempt to settle the matters in dispute. Note that even if no settlement is reached the Board may make a final decision on the evidence it received. No such evidence or formal statements in this context was presented.
OMB Accessibility and Adjournments
Pour recevoir des services en francais, veuiliez communiqueravec Ia Division des audiences au (416) 212-6349, au moms 20 jours civils avant Ia date fixee pour I’audience.
We are committed to providing accessible services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible. If you require documents in formats other than conventional print, or if you have specific accommodation needs, please let us know so we can make arrangements in advance. Please also identify any assistance you may require in the event of an emergency evacuation.
ONTARIO MUNICIPAL BOARD RULES ON ADJOURNMENTS
Hearing Dates Fixed Hearing events will take place on the date set unless the Board agrees to an adjournment.
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 signed consents of all parties. However, the Board may require that the parties attend in person or convene an electronic hearing to request an adjournment, even if all of the parties consent.
Requests for Adjournment Without Consent If a party objects to an adjournment request, the party requesting the adjournment must bring a motion at least 10 days before the date set for the hearing event. If the reason for an adjournment arises less than 10 days before the date set for the hearing event, the party must give, notice of the request to the Board and to the other parties and serve their motion materials as soon as possible. If the Board refuses to consider a late request, any motion for adjournment must be made in person, at the beginning of the hearing event.
Emergencies Only The Board will grant last minute adjournments only for unavoidable emergencies, such as illnesses, so close to the hearing date that another representative or witnesses cannot be obtained. The Board must be informed of these emergencies as soon as possible.
Powers of the Board upon Adjournment Request The Board may,
(a) grant the request;
(b) grant the request and fix a new date or, where appropriate, the Board will schedule a prehearing 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 request is made by the applicant or proponent and is accepted by the Board as reasonable and the Board finds no substantial prejudice to the other parties or to the Board’s schedule. In this case the applicant or proponent must make a request that the hearing be rescheduled;
(g) convert the scheduled date to a mediation or prehearing conference; or
(h) make any other appropriate order
Further details regarding The OMB's Rules on Documents, Exhibits, Filing, Service can be found by scrolling towards the end of the post of the prehearing on Councillor Justin D Ciano's website by clicking here.