On 4 March 2019 the Toronto Local Appeal Body (“TLAB”) adopted revised draft rules of practice and procedure (the “Draft Rules”). These Draft Rules are not yet in effect. The TLAB tells us that the Draft Rules are anticipated to come into effect on 6 May 2019.
The Draft Rules propose a number of changes to the current TLAB Rules of Practice and Procedure, which are summarized as follows:
- New timelines for filing deadlines:
| | In Effect Rules | Draft Rules |
| Applicant’s Disclosure | 15 days from notice of hearing | 20 days from notice of hearing |
| Party / Participant Election | 20 days from notice of hearing | 30 days from notice of hearing |
| Document Disclosure | 30 days from notice of hearing | 60 days from notice of hearing |
| Witness Statement / Expert Witness Statement / Participant Statement | 45 days from notice of hearing | 60 days from notice of hearing |
| Response to Party Witness / Expert Witness Statement | N/A | 75 days from notice of hearing |
| Reply to Party Witness / Expert Witness Statement | N/A | 85 days from notice of hearing |
| Last day to file Motions | 30 days before hearing date | 15 days before hearing date |
- If a party intends to call a witness, that party must file a witness statement or expert witness statement, as the case may be, within 60 days from the issuance of the Notice of Hearing. The document disclosure deadline is now also 60 days from the issuance of the Notice of Hearing.
- The Draft Rules now permit the filing of responding witness statements or expert witness statements. A reply witness statement may also be filed by a replying party to reply to new issues, facts or documents raised in a responding party witness statement.
- Document disclosure requirements have been reduced to avoid duplication. A party no longer needs to include any document previously filed with the Committee of Adjustment; any public document on the TLAB’s List of Public Documents, or any document previously filed by a party or participant.
- A representative may call witnesses and give evidence in accordance with the Draft. However, an expert witness cannot be a representative in the same Proceeding.
- Participants may ask clarifying questions of witnesses, with the approval of the TLAB.
- Introduction of new forms to reflect new and revised filing requirements.
More information on the Draft Rules, including copies of the Draft Rules and Forms, is available here