ISSUE DATE: December 23, 2022
CASE NO.: OLT-22-003446
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants: Neil Stanley & Erna Lorraine Manula
Respondent: Ministry of Transportation
Subject: Land Compensation
Property Address/Description: 1510 Lakeshore Drive
Municipality: Township of Shuniah
OLT Lead Case No.: OLT-22-003446 Legacy Lead Case No.: LC140032
OLT Case No.: OLT-22-003446 Legacy Case No.: LC140032
LPAT Case Name: Manula v. Ontario (Transportation)
SHARYN VINCENT Friday, the 23rd day of December, 2022 VICE-CHAIR
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 Case No. LC140032
ONTARIO LAND TRIBUNAL
IN THE MATTER OF the Expropriations Act, R.S.O. 1990, c. E.26 and
IN THE MATTER OF an Arbitration
BETWEEN:
THE ESTATE OF NEIL STANLEY MAUNULA and ERNA LORRAINE MAUNULA Claimant (collectively)
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Respondent
PROCEDURAL ORDER
This is an Order of the Ontario Land Tribunal ("OLT") which sets the Hearing schedule, the Pre-Hearing requirements, and provides directions for the organization of the Hearing.
The OLT orders that:
AMENDMENT OF THIS ORDER
1At the request of any person, or on its own motion, the OLT may amend, vary or supplement all or any part of this Order at any time, either by making a ruling orally or by a further Procedural Order.
ORGANIZATION OF THE HEARING
2The video Hearing will begin on October 2, 2023. No further notice shall be required.
3The length of the Hearing will be approximately ten (10) 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 procedural order deadlines are generally found in Attachment 1.
4Any person who intends to participate in the Hearing, including parties, counsel and witnesses, is expected to review the OLT's Video Hearing Guide, available on the OLT website.
ISSUES
5The issues at the Hearing shall be those set out in the pleadings filed, including amendments.
REQUIREMENTS BEFORE THE HEARING
Pleadings
6The Claimant served and filed a Notice of Arbitration and Statement of Claim on or about July 11, 2014.
7The Respondent served a Reply on September 15, 2022.
Documentary and Oral Discoveries
8The Parties shall exchange Affidavit of Documents on or before December 6, 2022.
9The Parties shall complete Examinations for Discovery on or before January 16, 2023.
10Answers to any undertakings provided and/or re-examination or further written interrogatories arising out of answers and/or undertakings shall be completed on or before February 24, 2023.
11Any Motion(s) arising out of the discovery process shall be requested on or before March 16, 2023. The OLT Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process.
Mediation
12The Parties agree to attend and participate in a mediation pursuant to Rule 18 of the OLT Rules of Practice and Procedure which shall take place on or before August 3, 2023.
Expert Reports and Witness Statements
The following definitions shall apply in this matter:
13"Written Evidence" includes all written material, reports, studies, documents, letters and statements which a Party intends to present and rely on as evidence at the Hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
14"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.
15"Visual Evidence" includes photographs, maps, videos, models, and overlays which a Party or participant intends to present as evidence at the Hearing.
16"Witness Statement" means a document consisting of a witness' background, experience, and short outline of the facts and issues that a non-expert witness will address in evidence.
17An "Expert Witness Statement" should include his or her (1) name and address, (2) qualifications including curriculum vitae and area of expertise in which the witness is proposed to be qualified, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the Hearing.
18An Expert Report and a Witness Statement, as appropriate, shall be served in respect of all expert witnesses and all non-expert witnesses a party intends to call at the Hearing. In addition to an Expert Report, an Expert Witness Statement may be served in respect of all expert witnesses a party intends to call at the Hearing.
19Expert Reports, Expert Witness Statements (if any), and Witness Statements are to be served on or before June 5, 2023.
20Responding Expert Reports, Expert Witness Statements (if any), and Witness Statements are to be served on or before July 4, 2023.
21Further Expert Reports or Expert Witness Statements may be served and filed only with leave of the OLT.
22On or before fifteen (15) days prior to the Hearing, the Parties shall provide copies of their Visual Evidence to all Parties or, alternatively, shall arrange for a viewing of visual evidence that cannot reasonably be transmitted.
List of Witnesses
23Unless the OLT orders otherwise, no expert shall give oral evidence at the Hearing without first having served and filed an Expert Report.
24If a Party intends to call a lay person as a witness, it shall serve on all the other Party and file with the OLT a Witness Statement within the timelines prescribed herein.
25A Party who serves and files an Expert Report, Expert Witness Statement, and/or Witness Statement to the other Party must have the witness attend the Hearing to give oral evidence, unless the Party notifies the other Party and the OLT on or before fifteen (15) days prior to the Hearing that the Expert Report, Expert Witness Statement, and/or Witness Statement is not part of their record.
26A Party who intends to call witnesses, whether by summons or not, shall provide to the OLT and the other Parties a list of the witnesses and the order in which they intend to call them on or before April 5, 2023. Any witnesses to be called at the Hearing that are not included in the list of witnesses may only be called with leave of the OLT.
27Counsel shall use best efforts to ensure that the witness who will follow the witness who is testifying shall be available to take the stand immediately upon the completion of the testimony of the prior witness.
Further and/or Amended Evidence
28Further Written Evidence, Expert Reports, Expert Witness Statements, and Witness Statements may be served and filed only with leave of the OLT.
29Amendments to Expert Reports, Expert Witness Statements, and Witness Statements will be permitted only with leave of the OLT and with notice to all Parties.
Presentation of Evidence
30The order of presentation of evidence shall be:
a. case for the Claimant; b. case for the Respondent; and c. reply by the Claimant.
31Reply evidence shall not include evidence which was or should have been led in chief.
Requests to Admit
32Any Party choosing to exercise the right to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure shall serve such request in accordance with the Rules of Civil Procedure.
33Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Joint Document Book
34The Parties shall cooperate to prepare a Joint Document Book which shall be shared with the OLT case co-ordinator on or before fifteen (15) days prior to the Hearing.
General Provisions
35Documents may be delivered by personal delivery, e-mail, facsimile, courier or otherwise as the OLT may direct.
36The parties shall prepare and file a Hearing Plan with the OLT on or before ten (10) days prior to 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 OLT may, at its discretion, change or alter the Hearing Plan at any time in the course of the Hearing.
37Any 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 OLT 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 10:00 a.m. on the day of that cross-examination.
38All 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 OLT. The delivery of documents by email shall be governed by the Rule 7.
39A Party may contact the OLT to request a teleconference or attendance in the event of disputes concerning the application, interpretation or contents of this Order.
40The OLT may be spoken to regarding any other dates required from the OLT for effective case management of this matter.
41No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. OLT Rule 17 applies to such requests.
42The OLT 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. So Orders the OLT
Name of Member: Date:
MEMBER
ATTACHMENT 1
Summary of Dates
| DATE | EVENT |
|---|---|
| December 6, 2022 | Exchange of Affidavit of Documents |
| January 16, 2023 | Complete Examinations for Discovery |
| February 24, 2023 | Provide answers to undertakings and/or re-examination or further written interrogatories |
| March 16, 2023 | Deadline for Motion(s) arising out of discovery process |
| April 5, 2023 | Exchange of Parties' Witness List and Order of Witnesses to be called at Hearing |
| June 5, 2023 | Exchange of Witness Statements, Expert Reports, and Expert Witness Statements (if any) |
| July 4, 2023 | Exchange of Responding Witness Statements, Expert Reports, and Expert Witness Statements (if any) |
| August 3, 2023 | Mediation to occur prior to this date |
| 15 days prior to hearing | Exchange of visual evidence (if any) |
| 15 days prior to hearing | Joint Document Book filed with the Tribunal |
| 10 days prior to hearing | Hearing Plan filed with the Tribunal |
| October 2, 2023 | Hearing commences |