Streaming

After the Board receives your appeal, it will schedule your appeal into one of two streams. It will either be scheduled into the direct to hearing stream or the case managed stream. Streaming is based on the Chair’s Streaming Strategy.

Direct to hearing stream

If your appeal falls into the direct to hearing stream, it will be scheduled directly to a full hearing. Appeals that are scheduled into this stream have already been through the Request for Reconsideration (RFR) process with MPAC.

Case managed stream

If your appeal falls into the case managed stream, it will usually follow a set plan of specific pre-hearing processes before a full hearing is scheduled. These appeals usually deal with more complex matters and high assessment values. These processes include setting out specific dates for the release of assessment data, preparing statements of issues and submitting other documents. A case management plan may also include an estimate of the time required until a certificate of readiness will be filed.

The case managed stream means:

If the Board has not sent you notice of a first pre-hearing conference, you must send to the Board, a notice stating that you are ready for a pre-hearing. Your notice must confirm that:

MPAC has released the assessment data requested
You have served a Statement of Issues on all parties
The other parties have served their respective Statement(s) of Response

If the Board has issued a notice of first pre-hearing conference, documents, evidence, and statements must be exchanged as follows:

Within 60 days after the Board has issued a notice of first pre-hearing Conference, MPAC has released assessment data that may be requested without further Board order to the appellant
Within 90 days after the receiving MPAC’s assessment data, the appellant must serve a Statement of Issues on the parties
Within 90 days after the Statement of Issues has been served, the respondent(s) must serve their respective Statement(s) of Response on the appellant and all other respondents

To submit your Certificate of Readiness use the form provided here. To submit your Certificate of Objection, use the form provided here.

For more details about the ARB’s streaming processes, please see the ARB’s Rules of Practice and Procedure (Rules #77-87). You may also view a flow chart of the case managed stream.

Environment and Land Tribunals Ontario

Streaming

Direct to hearing stream

Case managed stream