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Being a paralegal in Ontario, Canada, You represent a community association opposed to a rezoning application for a supervised drug-use site in their community. The community association would like to obtain party status so they can fully participate in the upcoming hearing. The relevant statute permits the tribunal to add parties but is silent on the criteria for granting party status. How do you go about obtaining party status? (3 marks)

Question

Being a paralegal in Ontario, Canada, You represent a community association opposed to a rezoning application for a supervised drug-use site in their community. The community association would like to obtain party status so they can fully participate in the upcoming hearing. The relevant statute permits the tribunal to add parties but is silent on the criteria for granting party status. How do you go about obtaining party status? (3 marks)

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Solution

  1. Research Precedents: Since the statute is silent on the criteria for granting party status, you would need to research case law and legal precedents in Ontario to understand how the tribunal has previously interpreted this issue. Look for cases where community associations were granted party status in similar circumstances.

  2. Prepare a Submission: Based on your research, prepare a submission arguing why the community association should be granted party status. This should include evidence of the association's significant interest in the matter, their ability to make a useful contribution to the hearing, and any other factors that were considered relevant in the precedents you found.

  3. Apply to the Tribunal: Submit your application to the tribunal, including your submission and any supporting documents. Be prepared to present your arguments at a preliminary hearing if necessary.

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