Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 29, 2021
CASE NO(S).: LC210007
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Roland & Marilyn Willis
Respondent: Regional Municipality of Halton
Subject: Land Compensation
Property Address/ Description: 6063 Fifth Line
Municipality: Town of Milton
OLT Case No.: LC210007
OLT File No.: LC210007
Heard: November 23, 2021 via Telephone Conference Call
APPEARANCES:
Parties
Roland Willis and Marilyn Willis
Counsel/Representative*
Edwin G. Upenieks
Parties
Region of Halton
Counsel/Representative*
Frank Sperduti and Julie Lesage
MEMORANDUM OF ORAL DECISION DELIVERED BY R. G. M. MAKUCH ON NOVEMBER 23, 2021 AND ORDER OF THE TRIBUNAL
1The Claimants Roland and Marilyn Willis operate an apple orchard on part of the lands known municipally as 6063 Fifth Line Road and claim compensation for the partial taking of these lands by the Respondent Halton Region pursuant to proceedings under the Expropriation Act. The lands are required by the Region for the widening and reconstruction of Britannia Road from James Snow Parkway to Highway 407. The claim is for market value of the lands taken, compensation for the loss of 89 Red Delicious Apple trees and for replacement costs for a fence and signage taken down by a contractor acting on behalf of Halton Region.
2The parties have indicated that they wish to participate in Tribunal assisted mediation once productions of documents have taken place. They will jointly make such a request in writing to the Tribunal.
3The Tribunal has scheduled a hearing to commence on Monday, November 28, 2022 at 10 am by video for 5 days.
4Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/440108037
Access code: 440-108-037
5Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
6Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391. The access code is 440-108-037.
7Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8The proceedings will be governed by Attachment “1” hereto.
9There will not be any further notice.
10I am not seized.
11It 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”
LPAT File No.: LC21007
LOCAL PLANNING APPEAL TRIBUNAL
IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, C. E.26,
AND IN THE MATTER OF AN ARBITRATION
B E T W E E N:
ROLAND JOHN WILLIS and MARILYN RUTH WILLIS
Claimants
- and –
THE REGIONAL MUNICIPALITY OF HALTON
Respondent
PROCEDURAL ORDER
The Local Planning Tribunal (“the Tribunal”) orders that:
The Tribunal may vary or add to this Order at any time, either on request of a party or as it sees fit. It may amend this Order by an oral ruling or by written Order.
ORGANIZATION OF THE HEARING
The video hearing will begin on November 28, 2022 at 10 a.m.
The parties’ initial estimation for the length of the hearing is five (5) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
ISSUES
The issues at the Hearing shall be those set out in the pleadings filed, included such amendments, if any, as may be permitted by the Tribunal.
REQUIREMENTS BEFORE THE HEARING
Pleadings
The Claimant filed a Notice of Arbitration and Statement of Claim on or about December 1, 2020.
The Respondent served its Reply on March 10, 2021.
Documentary and Oral Discoveries
Each party shall deliver an Affidavit of Documents on or before December 31, 2021;
Examinations for Discovery shall take place on or before April 1, 2022;
Answers to undertakings and any re-examination arising out of answers to undertakings, shall be completed by June 3, 2022; and
Further Examinations for Discoveries and/or replies to written interrogatories shall be completed on of before July 4, 2022;
Any Motion(s) arising from the discovery process are to be served on or before August 5, 2022. The Motion, if necessary, shall be heard on a date and time to be determined by the Tribunal. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process.
MEDIATION
The parties agree to attend and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal or a mediator as agreed upon between the parties, which shall take place on or before September 16, 2022.
WITNESSES
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other party a list of the witnesses and the order in which they intend to call them on or before October 7, 2022.
Counsel shall use best efforts to ensure that the witness who will follow the witness who is testifying shall be available in the hearing room to take the stand immediately upon the completion of the testimony of the prior witness.
WRITTEN EVIDENCE
(a) “Written evidence” includes all written material, letters, reports, studies and documents which a party intends to present as evidence at the hearing. Written evidence shall have consecutively numbered pages and, where appropriate, consecutively numbered paragraphs.
(b) “Expert report” means a document prepared by an expert witness, consisting of an outline of his or her qualifications, an outline of the issues he or she will address in oral evidence, a description of the expert witness’ opinions on those issues, and a list of reports or studies that the expert witness will rely on at the hearing.
(c) “Witness statement” means a document consisting of a short outline of the facts and issues that a lay witness will address in oral evidence.
All expert witnesses shall prepare an Expert Witness Statement, which shall list any reports prepared by the expert witness, or any other reports or documents to be relied on at the Hearing. Instead of an Expert Witness Statement, the expert witness may file his or her entire Expert Report if it contains the required information. The Tribunal may refuse to hear the expert witness’ testimony if neither of these requirements are complied with.
Any party intending to call a lay person as a witness shall serve on the other party and file with the Tribunal a Witness Statement of the lay person.
Expert Reports, Expert Witness Statements, or Witness Statements, as appropriate, shall be served in respect of all witnesses on or before October 7, 2022. Reply Expert Reports, Expert Witness Statements, or Witness Statements, as appropriate, shall be served on or before October 28, 2022.
A party who has filed an Expert Witness Statement, Expert Report or a Witness Statement must have that witness attend the Hearing to give oral evidence unless the party notifies the other party and the Tribunal at least fifteen (15) days before the Hearing that the Written Evidence is not part of the record.
Further Written Evidence may be served and filed only with leave of the Tribunal and shall be served and filed at least fifteen (15) days before the date on which the witness who will give oral evidence is to be called.
Amendment of Written Evidence
Amendments to any Written Evidence will be permitted only with leave of the Tribunal, with notice to all parties, unless all parties agree to waive this requirement by a written consent
ORDER OF EVIDENCE
(1) The order of presentation of evidence shall be:
case for the Claimant;
case for the Respondent; and
reply by the Claimant.
Counsel shall use best efforts to ensure that the witness who will follow the witness who is testifying shall be available in the hearing room to take the stand immediately upon the completion of the testimony of the prior witness.
GENERAL
The parties shall prepare a Joint Document Book to be filed with the Tribunal atleast ten (10) days before of the hearing.
The Region shall arrange for the services and payment of a certified court reporter on or before fifteen (15) days before the hearing.
Documents may be delivered by personal delivery, email, facsimile, courier, registered or certified mail or otherwise as the Tribunal may direct.
The computation of time in this Procedural Order shall be in accordance with Rule 3.01 of the Tribunal’s Rules of Practice and Procedure.
No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. Rule 17 of the Tribunal’s Rules of Practice and Procedure applies to such requests.
This member is not seized of the matter.
So Orders the Tribunal.
“R. G. M. MAKUCH”
VICE-CHAIR
SUMMARY OF KEY DATES
DATE
EVENT
December 31, 2021
Exchange of AOD
April 1, 2022
Examinations for Discovery
June 3, 2022
Answers to Undertakings to be delivered on or before
July 4, 2022
Further Examinations for Discovery
August 5, 2022
Motions arising from Examinations for discovery to be served on or before
September 16, 2022
Mediation
October 7, 2022
Exchange of Witness Lists
October 7, 2022
Exchange of Expert Witness Statements / Reports / Lay Witness Statements
October 28, 2022
Exchange of Expert Witness Reply Statements / Reply Reports
10 days before Hearing
Joint Document Book
November 28 – December 2, 2022
Hearing
120809330:v7
LPAT File No.: LC210007
ROLAND JOHN WILLIS and MARILYN RUTH WILLIS
THE REGIONAL MUNICIPALITY OF HALTON
Claimants
Respondent
LOCAL PLANNING APPEAL TRIBUNAL
IN THE MATTER OF the Expropriations Act, R.S.O. 1990, C. E.26,
AND IN THE MATTER OF an arbitration
PROCEDURAL ORDER
BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, ON M5H 4E3 Fax: 416.367.6749
Frank Sperduti, LSO No. 40677N Tel: 426.367.6243 fsperduti@blg.com
Liviu Cananau, LSO No. 54222Q Tel: 416.367.6275 lcananau@blg.com
Lawyers for the Respondent