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Expert Witness and Planning Testimony

Independent land use planning evidence for the Ontario Land Tribunal and other proceedings, given by a Registered Professional Planner. Retained by applicants, municipalities, ratepayer groups and counsel.

The duty that governs the evidence

An expert's duty is to the Tribunal, not to the party paying the fee. Evidence has to be fair, objective and non-partisan, confined to the expert's own area of expertise, and that duty prevails over any obligation to the retaining party.

In practice this is the reason to retain an expert rather than an advocate. Evidence that is visibly shaped to a client's position is worth less than no evidence at all, and adjudicators are very good at spotting it.

What the retainer covers

Review of the record and the planning framework, a written opinion on the issues in dispute, the witness statement or expert report in the form the proceeding requires, participation in expert meetings and any issues list, and testimony including cross-examination.

Where the honest opinion does not support the retaining party's position, we say so early and in private, while it is still useful.

Retained before the hearing, ideally

The most valuable point to bring in a planning expert is before positions harden: while the issues are being framed, while settlement is still open, and while the evidence can still shape strategy rather than merely support it.

Late retainers are workable but they cost more and deliver less, because the opinion arrives after the decisions it should have informed.

Quoted separately
scoped to the matter and the hearing schedule · fixed fee, confirmed before work begins
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See the full pricing schedule.

FAQ

Common questions

Provides independent opinion evidence on land use planning matters: a written opinion and witness statement or expert report, participation in expert meetings, and testimony under examination and cross-examination.
You retain and pay the expert, but the expert's duty is to the Tribunal. The evidence must be fair, objective and non-partisan. That independence is what gives the evidence its weight.
We tell you early and privately. An opinion that cannot be defended under cross-examination damages the case more than not calling a planner at all, and knowing sooner keeps settlement on the table.
Before positions are fixed. An expert brought in while the issues are still being framed can shape strategy and settlement. One retained close to the hearing can only support decisions already made.
Ready?

Tell us the matter, the issues and the hearing date. We will tell you whether we can help and what it would cost.

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