Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 29, 2021 CASE NO(S).: LC200010
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Obico Rail Yard (GP) Inc. Respondent: City of Toronto Subject: Land Compensation Property Address/Description: Part of Lot 7, Concession 4 Municipality: City of Toronto LPAT Case No.: LC200010 LPAT File No.: LC200010 LPAT Case Name: Obico Rail Yard (GP) Inc. v. Toronto (City)
Heard: Telephone Conference Call (TCC) on November 25, 2021
APPEARANCES:
Parties Obico Railyard Inc. and Dream Asset Management Inc.
Counsel/Representative* Christioher Williams, Ajay Gajaria, David Neligan and N. Jane Pepino (in absentia)
Parties City of Toronto
Counsel/Representative* Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY R. G. M. MAKUCH ON NOVEMBER 25, 2021 AND ORDER OF THE TRIBUNAL
1This matter had previously been set down for hearing to commence on October 25, 2021 for five weeks but was later adjourned at the request of the parties. A new date has now been set for the hearing to commence on October 11, 2022 for seven weeks. Counsel have now agreed to new dates for the exchange of documents, which requires a new Procedural Order to be approved.
2Counsel for the parties have indicated that they are interested in Tribunal assisted mediation particularly respecting market value and have been advised of the Tribunal’s requirements.
3Accordingly, the proceedings will be governed by Attachment “1” hereto.
4There will not be any further notice.
5I am not seized.
6It is so ordered.
“R.G.M. Makuch”
R.G.M. MAKUCH VICE-CHAIR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT “1”
PROCEDURAL ORDER
ISSUE DATE: CASE NO: LC200010
PROCEEDING COMMENCED UNDER section 13 of the Expropriations Act, R.S.O. 1990, c. E. 26
Claimant: Obico Rail Yard (GP) Inc. Subject: Claim for compensation from City of Toronto, as the expropriating authority Property Address: 30 Newbridge Road, City of Toronto 36 North Queen Street, City of Toronto Municipality: Toronto LPAT Case No.: LC200010 LPAT File No.: LC200010 LAPT Case Name: Obico Rail Yard (GP) Inc. v. City of Toronto
The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.
Organization of the Hearing
The hearing will begin on October 11, 2022 at the Ontario Land Tribunal, 655 Bay Street, 16th Floor, Toronto, ON M5G 1E5.
The length of the hearing will be about seven (7) weeks. The length of the hearing may be shortened as issues are reordered as settlement is achieved.
The parties identified at the case management conference are set out in Attachment 1.
The Issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.
Discovery
The Parties shall agree on the terms of a Discovery Plan by December 17, 2021. Subject to the terms of the Discovery Plan to be agreed upon by the Parties, the discovery process shall be completed as follows:
a. Affidavits of Documents: The parties have previously exchanged Affidavits of Documents and productions.
b. Oral Discovery: The first round of oral discoveries shall be completed on or before February 25, 2022. The parties shall deliver their respective answers to undertakings arising from the first round of oral discoveries on or before March 18, 2022.
c. Motions: The parties shall serve and file their motions respecting undertakings, if necessary, on or before April 15, 2022, with the motions being heard on or before June 15, 2022.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other party a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 15, 2022. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before August 26, 2022 to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide; this list to all of the parties and the municipal Clerk.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided in section [12]. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in section [12]. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in section [12].
On or before August 12, 2022, the parties shall provide copies of their witness and expert witness statements to the other party and to the municipal Clerk of City of Toronto.
Parties may provide to all other parties and file with the Clerk a written response to any written evidence within thirty (30) calendar days after the evidence is received.
A party wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.
See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a Hearing Plan with the Tribunal on or before September 23, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examinations and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the Hearing Plan. The Tribunal may, at its discretion, change or alter the Hearing Plan at any time in the course of the hearing.
Documents may be delivered by personal delivery, facsimile or registered or certified mail or email, or otherwise as the Tribunal may direct. The delivery of documents by fax and email shall be governed by the Tribunal’s Rules (Rule 7) on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE: R. G. M. MAKUCH VICE-CHAIR
Name of Member: Date: November 25, 2021
TRIBUNAL REGISTRAR
ATTACHMENT 1
LIST OF PARTIES
Obico Rail Yard (GP) Inc. Aird & Berlis LLP Brookfield Place, 181 Bay Street Suite 1800, Box 754 Toronto, ON M5J 2T9
Christopher J. Williams Tel: 416-865-7745 Fax: 416-863-1515 Email: cwilliams@aridberlis.com
N. Jane Pepino Tel: 416-865-7727 Fax: 416-863-1515 Email: jpepino@airdberlis.com
Ajay Gajaria Tel: 416-865-3065 Fax: 416-863-1515 Email: agajaria@aridberlis.com
David Neligan Tel: 416-865-7751 Fax: 416-863-1515 Email: dneligan@airdberlis.com
City of Toronto City of Toronto Legal Services 26th Floor, Metro Hall, Stn. 1260 Legal Services 55 John Street Toronto, ON M5V 3C6
Michael Mahoney Tel: 416-392-4846 Fax: 416-397-5624 Email: Michael.Mahoney@toronto.ca
ATTACHMENT 2
ISSUES LIST
The determination of compensation owed to the Claimant pursuant to the Expropriations Act arising from the City of Toronto’s expropriation of the Claimant’s lands.
The damages sought by the Claimant are set out in the Statement of Claim and include damages sought for market value, disturbance damages, interest, reasonable legal, appraisal and other fees and such further and other relief as the Tribunal deems appropriate.
ATTACHMENT 3
ORDER OF EVIDENCE
- Claimant’s evidence;
- Expropriating authority’s evidence;
- Claimant’s reply.