Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2022
CASE NOS.: OLT-22-002529 OLT-22-002934 OLT-22-002944 OLT-22-002945
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: City of Mississauga
Respondent: Metrolinx
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by Metrolinx
Property Address: Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-002529
OLT Lead Case No: OLT-22-002529
OLT Case Name: Mississauga (City) v. Metrolinx
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: International Business Park Ltd.
Respondent: Metrolinx
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by Metrolinx
Property Address: Southside of Matheson Boulevard East at Commerce Boulevard
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-002934
OLT Lead Case No: OLT-22-002934
OLT Case Name: International Business Park Limited v. Metrolinx
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: UBE Airport Developments Limited
Respondent: Metrolinx
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by Metrolinx
Property Address: East Side of Citation Place on Southside of Matheson Blvd East
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-002944
OLT Lead Case No: OLT-22-002944
OLT Case Name: UBE Airport Developments Limited v. Metrolinx
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Bradgate Investments Limited
Respondent: Metrolinx
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by Metrolinx
Property Address: 2950 Citation Place, Mississauga
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-002945
OLT Lead Case No: OLT-22-002945
OLT Case Name: Bradgate Investments Limitedv. Metrolinx
BEFORE: STEVEN COOKE, VICE-CHAIR
Monday, the 19th day of December, 2022
THESE MATTERS having come before the Tribunal and the Tribunal having received a request on consent of all parties to issue a draft procedural order for these matters;
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on November 20, 2023.
“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.
ATTACHMENT “A”
ISSUE DATE: CASE NO(S).: OLT-22-002529, OLT-22-002934, OLT-22-002944, OLT-22-002945
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration
Applicant(s)/Appellant(s): The Corporation of the City of Mississauga, International Business Park Limited, UBE Airport Developments Limited and Bradgate Investments Limited
Subject: Determination of compensation in accordance with the Expropriations Act
Property Address/Description: PIN 13297-0624 and 07424-0245, 13297-0626, 13297-0627, and 13297-0628
Municipality: City of Mississauga
Municipal File No.:
OLT Case No.: OLT-22-002529, OLT-22-002934, OLT-22-002944, OLT-22-002945
OLT File No.: OLT-22-002529, OLT-22-002934, OLT-22-002944, OLT-22-002945
OLT Case Name: City of Mississauga, et al. v. Metrolinx
PROCEDURAL ORDER
- 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 November 20, 2023 at 10:00 a.m. by videoconference. The hearing details are as follows:
November 20-24, 2023 at 10:00 AM – 5 Days
Link: https://meet.goto.com/638422541
Access Code: 638-422-541
You can also dial in using your phone.
Canada (Toll Free): 1 888 299 1889
Canada: +1 (647) 497-9373
Access Code: 638-422-541
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.
The parties and participants are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2
The order of evidence shall be provided at least seven (7) days prior to the start of the hearing. 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 intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
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
The Applicants, International Business Park Limited, UBE Airport Developments Limited and Bradgate Investments Limited shall deliver their Statement of Claim on or before Thursday, June 30, 2022.
The Respondent, Metrolinx shall deliver its Reply on or before Wednesday, July 20, 2022.
Affidavits of Documents (together with production briefs of the documents) shall be exchanged on or before Friday, October 28, 2022.
Notwithstanding any recent legislative changes, the parties shall agree to hold the Arbitration in abeyance for the purpose of participating in an early Mediation process. The early Mediation process shall be completed on or before Friday, January 20, 2023.
Discoveries shall be completed on or before Friday, March 17, 2023. The parties agree to complete Examinations for Discovery virtually by way of videoconference.
All undertakings provided at the Examination for Discovery of the parties shall be answered on or before Friday, April 14, 2023.
Any motion(s) arising out of the Examinations for Discovery shall be filed on or before Monday, May 1, 2023. The Motion(s) if necessary, shall be heard on Monday, May 15, 2023. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process. Should the parties agree that the motion date is not required, the parties agree to advise the Tribunal as soon as possible. Any productions ordered by the Tribunal at this Motion shall be produced within thirty (30) days of the decision by the Tribunal. The motion details are as follows:
May 15, 2023 at 10:00 AM – 1 Day
Link: https://meet.goto.com/638422541
Access Code: 638-422-541
You can also dial in using your phone.
Canada (Toll Free): 1 888 299 1889
Canada: +1 (647) 497-9373
Access Code: 638-422-541
- 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 the order in which they will be called. This list must be delivered on or before Friday, July 14, 2023, and in accordance with paragraph 31 below. 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 Monday, August 14, 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 Friday, September 15, 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 paragraph 19 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 paragraph 19 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 19 below.
On or before Friday, July 21, 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 31 below.
On or before Friday, July 21, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 31 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
The parties shall provide copies of their visual evidence to all the other parties at least seven (7) days prior to the start of the hearing and in accordance with paragraph 31 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, including reply reports, by Monday, September 18, 2023, the evidence is received and in accordance with paragraph 31 below.
On or before Friday, October 13, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The parties agree to attend a pre-hearing conference before the Tribunal on Tuesday, October 17, 2023 and use best efforts to try to resolve or reduce the issues for the hearing.
October 17, 2023 at 10:00 AM – 1 Day
Link: https://meet.goto.com/709076365
Access Code: 709-076-365
You can also dial in using your phone.
Canada (Toll Free): 1 888 299 1889
Canada: +1 (647) 497-9373
Access Code: 709-076-365
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator at least ten (10) days prior to the start of the hearing.
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 first day of the hearing.
A person 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 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 at least seven (7) days prior to the start of the hearing 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 during 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:
Date:
TRIBUNAL REGISTRAR
Attachment 1
Party: The Corporation of the City of Mississauga
Party Status: Claimant
Counsel / Representative:
RAYMAN HARRIS LLP
250 The Espanade, Suite 202
Toronto, Ontario M5B 1J2
Shane Rayman (LSO #44649V)
T: 416.597.5406
F: 437.222.9001
shane@rbllp.com
Brynn Leger (LSO #77713P)
T: 437.222.9003
brynn@rbllp.com
Party: International Business Park Limited, UBE Airport Developments Limited, and Bradgate Investments Limited
Party Status: Claimants
Counsel / Representative:
Davies Howe LLP
425 Adelaide Street West
10th Floor
Toronto, Ontario M5V 3C1
Ava Kanner (LSO# 26435C)
T: 416.977.7088
ava@davieshowe.com
Andrew Valela (LSO #77194A)
T: 416.977.7088
andrewv@davieshowe.com
Party: Metrolinx
Party Status: Respondent
Counsel / Representative:
M&H LLP
61A Jarvis St., Suite 200
Toronto, ON M5C 2H2
Christel Higgs (LSO #53408T)
Tel: 416.947.6701
Fax: 416.947.6703
christel@mhlawyers.ca
Aisling Flarity (LSO#65500B)
Tel: 416-947-6700 ext. 204
Fax: 416.947.6703
aisling@mhlawyers.ca
Attachment 2
OLT File No.: OLT-22-002529
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:
THE CORPORATION OF THE CITY OF MISSISSAUGA, INTERNATIONAL BUSINESS PARK LIMITED, UBE AIRPORT DEVELOPMENTS LIMITED, and BRADGATE INVESTMENTS LIMITED
Claimants
- and -
METROLINX
Respondent
ISSUES LIST
- The issues are defined by the pleadings of the parties which will be filed with the Tribunal.