Professional planners are frequently required to act as expert witnesses at medi

Professional planners are frequently required to act as expert witnesses at mediations and hearings before administrative land use tribunals in Ontario, in particular the Local Planning Appeal Tribunal (LPAT, formerly the Ontario Municipal Board or OMB) and the Toronto Local Appeal Body (TLAB).  In their role as an expert witness, planners are required to provide both written witness statements and present oral evidence in support or opposition to development applications.  The evidence of expert witnesses can be challenged through cross-examination by legal counsel for opposing parties.  Acting as an expert witness requires a planner to know and exercise their professional rules and obligations as well as fulfill their duty to the court.
In Assignment #3 – Witness Statement and Presentation, students will take on the role of an expert professional planner witness testifying before the Local Planning Appeal Tribunal during the hearing of a planning application appeal.
Students will be assigned a zoning by-law and official plan amendment application to be used as the subject matter of the appeal.
Students will then critically analyze the minor variance proposal using the statutory tests, including applying all applicable provincial policies, official plan policies, zoning by-law requirements, and guidelines, to determine their planning opinion as to whether the applications are supportable or should be refused.  Students will prepare and submit an 8-10 page (2000-2500 word) witness statement communicating their planning analysis, providing a planning conclusion, and offering recommendations to the Tribunal.
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