Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2021
CASE NO(S).: LC170019
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Ronsen Corporation and Kingsway Manor Homes
Respondent: Toronto Catholic District School Board
Subject: Land Compensation
Property Address/ Description: 962 Islington Avenue
Municipality: City of Toronto
OLT Case No.: LC170019
OLT File No.: LC170019
OLT Case Name: Ronsen Corporation and Kingsway Manor Homes v. Toronto Catholic District School Board
Heard: June 22, 2021 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ronsen Corporation and Kingsway Manor Homes (“Claimants”) | J. Farber/D. Farace |
| Toronto Catholic District School Board | S. Waqué/A. Baker |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JUNE 22, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal concerns a claim for compensation arising from a s. 30 Agreement for the property known municipally as 962 Islington Avenue.
2The purpose of the Case Management Conference was to obtain a status update on the appeal, as a previously set hearing had been cancelled, apparently due to a notice issue.
3The Tribunal heard a status update from the parties, gave directions with regard to revisions to a draft Procedural Order, and set a 5 day hearing to commence on Monday, December 13, 2021 at 10 a.m. by VH all for the reasons set out below.
DECISION
4Counsel had requested that a 7 day hearing be set, and in that regard the Tribunal had received a draft Hearing Plan. Examination of the draft Hearing Plan revealed that one lay witness and two expert witnesses would be called. The Tribunal indicated that it could not set down a 7 day hearing on that basis but was prepared to set down a 5 day hearing so long as a (revised) draft Procedural Order included provision for a (revised) draft Hearing Plan 65 days in advance with detailed time allotments for all aspects of the hearing including each witness (in-chief and in cross-examination).
5With the consent of the parties, the Tribunal set a 5 day hearing to commence on Monday, December 13, 2021 at 10 a.m. by VH.
6Parties 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/249452157
Access code: 249 452 157
7Parties 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.
8Persons 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: (Toll Free): 1 888 455 1389 or +1 (647) 497-9391. The access code is 249 452 157.
9Individuals 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.
10The Tribunal tasked Mr. Baker to revise the draft Procedural Order and, with the consent of counsel for the Claimants, to provide same to the Case Coordinator on or before Friday, June 25, 2021 for consideration by the Tribunal.
11The revised Procedural Order is appended herewith as Attachment 1, and forms part of this decision.
12There will be no further notice.
13I am not seized.
14Scheduling permitting, I may be available for case management purposes.
15This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR MEMBER
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.
ATTACHMENT 1
ONTARIO LAND 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:
RONSEN CORPORATION and KINGSWAY MANOR HOMES Claimants
- and -
TORONTO CATHOLIC DISTRICT SCHOOL BOARD Respondent
PROCEDURAL ORDER
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 commence on December 13, 2021 at 10:00 AM.
The length of time scheduled for the hearing is five (5) days in accordance with the following schedule: Monday, December 13 to Friday, December 17, 2021. No further notice will be issued. The hearing commencement date may be adjourned on consent of the parties.
ISSUES
- The issues for the hearing shall be those set out in the pleadings, including such amendments, if any, as may be permitted by the Tribunal. There will be no additional issues raised without the leave of the Tribunal, and the party seeking such variance may be subject to an award of costs against it.
REQUIREMENTS BEFORE THE HEARING
- The Tribunal has set down the following dates for the effective case management of this matter:
Pre-hearing Conferences have been held as follows: (a) March 10, 2020 (b) June 22, 2021
Pleadings have been exchanged.
Discovery Process (c) Each party has delivered an Affidavit of Documents; (d) Examinations for Discovery took place in April 2021; (e) Answers to undertakings shall be delivered on or before July 26, 2021; (f) Motions arising from answers to undertakings shall be served on or before August 16, 2021 and the parties shall seek a date from the Tribunal case coordinator for the return of the motion; and (g) The Parties shall make best efforts to have all motions for productions adjudicated and have any further answers to undertakings and refusals ordered by the Tribunal to be provided by October 4, 2021.
Mediation (h) If the parties agree that this case is appropriate for mediation, the parties may exchange expert reports and witness statements in a without prejudice context and attend mediation with the Tribunal on or before November 29, 2021.
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)(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)(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.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and their disciplines on or before August 31, 2021.
All expert witnesses 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 the statement and supporting reports or documents must be provided. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If neither of these requirements is complied with, the Tribunal may refuse to hear the expert’s testimony.
On or before October 12, 2021, all parties shall provide copies of their expert witness statements to all other parties and the Tribunal. The parties shall prepare a Joint Document Book to be filed with the Tribunal in both electronic and hard copy formats no later than December 6, 2021. A paper copy of any document proposed to be entered into evidence or relied upon shall be provided at the hearing unless ordered otherwise by the presiding Member.
Any party intending to call a lay person as a witness shall serve on all other parties and file with the Tribunal a witness statement of the lay person on or before October 12, 2021.
Any party may reply to an expert witness statement (or expert report) or witness statement provided such reply is provided to all parties and the Tribunal by no later than November 15, 2021.
Any party intending to rely upon visual evidence or large visual exhibits at the hearing shall provide copies in a visual evidence brief to the other parties by not later than November 29, 2021.
The parties shall file with the Tribunal a detailed draft hearing plan on or before October 8, 2021.
Further written evidence, witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted pursuant to Section 28(1) of the Act, shall be served and filed at least 10 calendar days before the date on which the expert witness who will give oral evidence is to be called.
A party who has filed an expert witness statement must have that witness attend the hearing to give oral evidence unless the party notifies the parties and the Tribunal at least seven (7) days before the hearing, that the written evidence is not part of the record.
Amendments to expert reports or witness statements will be permitted only by motion, with notice to all parties, unless all parties agree to waive this requirement by a written consent.
Parties wishing to secure leave pursuant to Section 28(2) of the Expropriations Act to call more than three expert witnesses in any one specialized field shall seek leave of the Tribunal to do so on or before the commencement of the hearing of this matter.
ORDER OF EVIDENCE
(1) The order of presentation of evidence shall be: (i) case for the Claimants; (ii) case for the Respondent; and (iii) reply by the Claimants.
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.
REQUEST TO ADMIT
Any party choosing to exercise its right to serve a request to admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure incorporated by reference in Tribunal Rule 28.13 shall serve such request or requests on the party or parties opposite on or before November 22, 2021.
Documents may be delivered by personal delivery, email, facsimile, courier, registered or certified mail or otherwise as the Tribunal may direct. The delivery of documents by fax shall be governed by the Tribunal’s Rules on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.
The Ontario Land Tribunal file number is to be clearly marked on all documents, visual, written or otherwise, to be filed with the Tribunal.
This member is not seized of the matter.
So Orders the Tribunal.
MEMBER
SUMMARY OF KEY DATES
| DATE | EVENT |
|---|---|
| Completed | Exchange of Affidavits of Documents |
| Completed | Examinations for Discovery completed on or before |
| July 26, 2021 | Answers to Undertakings to be delivered on or before |
| August 16, 2021 | Motions arising from Examinations for Discovery to be served on or before |
| August 31, 2021 | Exchange of Witness Lists and copies provided to Tribunal |
| October 4, 2021 | Parties are to make best efforts to have motions arising from Examinations for Discovery adjudicated on or before |
| October 8, 2021 (65 days prior to hearing) | Parties to provide the Tribunal with a detailed Draft Hearing Plan |
| October 12, 2021 | Exchange of Expert Witness Statements / Reports / Lay Witness Statements and copies provided to Tribunal |
| November 15, 2021 | Exchange of Expert Witness Reply Statements / Reply Reports and copies provided to Tribunal |
| November 22, 2021 | Request to Admit served |
| November 29, 2021 | Visual Evidence Briefs |
| November 29, 2021 | Mediation held on or before (if agreed to by the parties) |
| December 6, 2021 (7 days prior to hearing) | All document books are to be filed in advance of the hearing with the Tribunal in both hard copy and electronic format |
| December 13 – 17, 2021 | Hearing |
OLT Case No. LC170019
RONSEN CORPORATION and KINGSWAY MANOR HOMES Claimants
- and -
TORONTO CATHOLIC DISTRICT SCHOOL BOARD Respondent
ONTARIO LAND 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
Stephen Waqué Tel: 416.367.6275 Fax: 416.367.6749 swaque@blg.com
Andrew Baker Tel: 416.367.6250 Fax: 416.367.6749 abaker@blg.com
Lawyers for the Respondent