“affidavit” means a written statement made under oath or affirmation that is confined to facts or other evidence the deponent could give if testifying as a witness before the Tribunal that is substantially in the form set out in Rule 4D of the Rules of Civil Procedure;
“Appellant” means a person who initiates and brings an appeal to the Tribunal;
“applicant” means a person who makes an application to the Tribunal and includes a person requesting a matter be referred to the Tribunal. The term “Applicant Appellant” may also be used to describe an applicant when that person brings an appeal to the Tribunal;
“Associate Chair” means the person appointed by the Lieutenant Governor in Council as Associate Chair of the Tribunal under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 (“ATAGAA”);
"Case Management Conference" ("CMC") means a hearing event convened prior to the hearing on the merits of the appeal, for the purposes set out under subsection 33(1) of the LPATA. The term CMC is interchangeable with the term Prehearing Conference ("PHC"). Any reference by the Tribunal to a PHC in any publication or decision may be referenced as a CMC.
“document” means written and visual material and includes written and visual evidence;
“electronic hearing" means a hearing event held by teleconference, videoconference or some other form of electronic technology allowing the parties, participants, and the Tribunal to hear or hear and see one another or their representatives, or any witnesses throughout the hearing event;
“Executive Chair” means the person appointed by the Lieutenant Governor in Council as Chair of the Tribunal under LPATA who may, pursuant to subsection 17 (2) of ATAGAA, delegate their powers to the Associate Chair, with the exception of oversight over the ethical obligations of a Member of the Tribunal;
“file” means to send, deliver or transmit to the Registrar of the Tribunal or to send, deliver or transmit to the proper authority for receiving appeals and requires that the appeal material is either deemed to be or has actually been received by the Tribunal or authority;
“forms” include those forms published by the Tribunal, or, if not published, those forms in the Rules of Civil Procedure, with necessary modifications;
“hearing event” means a procedure held by the Tribunal at any stage of a proceeding and includes a motion, or case management conference, and hearing, whether these are held in the form of an oral hearing, electronic hearing or written hearing, and does not include a cross-examination on an affidavit not held before the Tribunal;
“holiday” means a Saturday or Sunday or other days that the Tribunal offices are closed, such as the statutory holidays of New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any special holiday proclaimed by the Governor General or the Lieutenant Governor in Council. Where New Year’s Day, Canada Day or Remembrance Day fall on a Saturday or Sunday, the following Monday is a holiday. Where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday;
“mediation” means the intervention into a disputed matter or matters before the Tribunal by a Tribunal Member to facilitate discussion and negotiations among the parties and assist them in developing a mutually acceptable settlement of the dispute, all of which is conducted on a confidential basis;
“Member” means a person appointed by the Lieutenant Governor in Council as a Member of the Tribunal;
“motion” means the formal method for a party to request that the Tribunal make a decision or issue an order at any stage in a proceeding or an intended proceeding;
“moving party” means the person who brings or makes the motion;
“municipal record” means the material required to be filed by the municipal clerk with the Tribunal as prescribed and directed by statute or by regulation, or by these Rules;
“oral hearing” means a hearing event at which the parties or their counsel or representatives attend before the Tribunal Member(s) in person;
“participant” is an individual, or corporation who is not a party to a proceeding and is only permitted to make or file a written statement to the Tribunal, upon such terms as the Tribunal may determine in respect of the proceeding;
“party” includes a person entitled by the statute under which the proceeding arises to be a party to the proceeding and includes those persons whom the Tribunal accepts or adds as parties on such terms as the Tribunal may determine;
“person” includes a corporation, and the entities included within the meaning of a person in the SPPA;
“proceeding” means any matter, procedure, appeal, referral or application before the Tribunal and this includes matters which may be initiated by the Tribunal;
“Registrar” or “Board Secretary” means the individual appointed by the Tribunal to issue Orders of the Tribunal and to receive service of material filed with the Tribunal;
“representative” means a person authorized under the Law Society Act, R.S.O. 1990, c. L.8 (as amended) or its By-Laws to represent a person in the proceeding before the Tribunal, and this includes legal counsel or the individuals that are authorized to provide legal services;
“Respondent” or “responding party” means a person other than the Registrar, who is served with a notice of motion by the moving party;
“Rules of Civil Procedure” means the Rules in effect for the Superior Court of Justice and the Court of Appeal made under the Courts of Justice Act, R.R.O 1990, Reg. 194, as amended;
“settlement conference” means a discussion held in a proceeding amongst the parties or their representatives and the Tribunal to attempt to resolve all or part of a matter by discussion or mediation and includes a mediation session;
“submission form” means a form provided by the Tribunal for the filing of appeals, referrals or applications;
“Tribunal” means the Ontario Municipal Board, as continued under the name Local Planning Appeal Tribunal pursuant to LPATA;
“Vice Chair” means a person appointed by the Lieutenant Governor in Council as a Vice Chair of the Tribunal;
“visual evidence” means images or images with sound intended to be introduced into evidence at a hearing event and includes computer-generated images, photographs, maps, videos, plans, drawings, surveys, models and overlays;
“written evidence” means material intended to be introduced into evidence at a hearing event and includes reports, letters, correspondence, notices, memoranda, forms, agreements, emails, charts, graphs, books of account, and any other written communication recorded or stored by means of any device; and
“written hearing” means a hearing event held by means of the exchange of documents whether in written form (hard copy) or by electronic means.