ISSUE DATE:
December 22, 2022
CASE NO.:
OLT-22-002732
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants:
Mary A Corbett, Edmund P Taylor, Linda M Taylor
Respondent:
Region of Waterloo
Subject:
Land Compensation
Property Address/Description:
350 and 352 Franklin Boulevard
Municipality/Region:
City of Cambridge/Region of Waterloo
OLT Lead Case No.: Legacy Lead Case No.:
OLT-22-002732 LC210004
OLT Case No.: Legacy Case No.:
OLT-22-002732 LC210004
LPAT Case Name:
Corbett v. Waterloo (Region)
D.CHIPMAN
Thursday, the 22nd
MEMBER
day of December, 2022
THE TRIBUNAL ORDERS that the Procedural Order, attached hereto, shall be in full force and effect.
“Euken Lui”
Euken Lui
ACTING REGISTRAR
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.
OLT File No.: OLT-22-002732 OLT Legacy File No.: LC210004
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:
EDMUND PATRICK TAYLOR, MARY ALMA CORBETT and LINDA MARGARET TAYLOR
Claimants
- and -
REGIONAL MUNICIPALITY OF WATERLOO
Respondent
PROCEDURAL ORDER OF THE TRIBUNAL
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on Monday, November 20, 2023 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is fourteen (14) 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.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
Issues
- The issues are set out in the Claimants’ Notice of Arbitration and Statement of Claim and the Respondent’s Reply attached as Attachment 2.
Order of Evidence
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 the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
Unsworn Affidavits of Documents of the Claimants and the Respondent will be exchanged (with sworn copies to follow in advance of Examinations for Discovery) on Tuesday, March 1, 2022.
Examinations for Discovery took place on or before approximately Tuesday, April 12, 2022.
Any motions resulting from the Undertakings and Refusals shall be filed by Friday, January 27, 2023. Any motions will be heard in writing.
The parties agree that, if attendance at mediation is agreed to by both parties after the exchange of expert reports, the parties are to attend and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal on or before Friday, September 8, 2023. A request will be made to the OLT for the scheduling of a mediation assessment by Friday, January 13, 2023.
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. These lists were delivered by the Claimant on Friday, July 15, 2022 and by the Respondent on Friday, July 29, 2022 in accordance with paragraph 25 below. The parties may call additional expert witnesses, not listed on their list of witnesses, where they will tender evidence in a discipline not already being called by that party and where this evidence is restricted to replying to issues raised by the other party’s witness in their witness statement. 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 Friday, Friday, August 25, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Tuesday, September 19, 2023.
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 as in paragraphs 16 and 17 below. 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 paragraphs 16 and 17 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16 below.
On or before Friday, May 19, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 25 below.
The parties shall deliver all reply evidence on or before Friday, August 4, 2023.
On or before Friday, September 29, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 25 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Tuesday, October 31, 2023.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before the cross-examination of a particular witness.
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 fifteen (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 preliminary hearing plan with the Tribunal on or before Tuesday, October 31, 2023 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-examination 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.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
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:
Name of Member: Ms. Chipman
Date: December 22, 2022
KEY PROCEDURAL DATES
Exchange of Affidavit of Documents (unsworn)
Complete
Examinations for Discovery to be conducted by
Complete
Answers to Undertakings
Complete (subject to any motions as set out below)
Exchange of Witness Lists
Complete
Request mediation assessment before the OLT
Friday, January 13, 2023
Motions for Answers to Undertakings to be filed in writing
Friday, January 27, 2023
Exchange of Witness and Expert Statements, together with Participant Statement(s)
Thursday, May 19, 2023
Exchange of Reply Witness and Reply Expert Statements
Friday, August 4, 2023
Meeting of Experts
Friday, August 25, 2023
Mediation to be conducted before the OLT
Friday, September 8, 2023
Filing of Statement of Agreed Facts
Tuesday, September 19, 2023
Exchange of Visual Evidence
Friday, September 29, 2023
Joint Book of Documents to be filed
Tuesday, October 31, 2023
Hearing Plan to be filed
Tuesday, October 31, 2023
Hearing
Monday, November 20, 2023
ATTACHMENT 1
LIST OF PARTIES/PARTICIPANTS
PARTIES
- Edmund Patrick Taylor, Mary Alma Corbett and Linda Margaret Taylor (“Claimants”)
Counsel for the Claimants:
Gowling WLG (Canada) LLP
345 King Street West, Suite 600
Kitchener, ON N2G 0C5
John Doherty
Tel: 519-575-7518
Jonathan Minnes
Tel: 519-569-4561
Jonathan.minnes@gowlingwlg.com
- The Regional Municipality of Waterloo (“Respondent”)
Counsel for the Respondent:
WeirFoulds LLP 66 Wellington Street West, Suite 4100 P.O. Box 35, TD Bank Tower
Toronto, ON M5K 1B7
Sean G. Foran
Tel: 416-947-5019
Alyssa Armstrong
Tel: 416-947-5022
Regional Municipality of Waterloo
Legal Services
150 Frederick Street, Eighth Floor
Kitchener, ON N2G 2J3
Richard Brookes
Tel: 519-575-4458 rbrookes@regionofwaterloo.ca
PARTICIPANTS
n/a
ATTACHMENT 2
ISSUES LIST
The issues are as set out in the Pleadings filed with the Tribunal. See attached:
Notice of Arbitration and Statement of Claim of Edmund Patrick Taylor, Mary Alma Corbett and Linda Margaret Taylor
Reply of the Regional Municipality of Waterloo to the Notice of Arbitration and Statement of Claim
ATTACHMENT 3
ORDER OF EVIDENCE
Edmund Patrick Taylor, Mary Alma Corbett and Linda Margaret Taylor (“Claimants”)
The Regional Municipality of Waterloo
Claimants (in reply, if any)