Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 4, 2022
CASE NO(S).: OLT-22-002463 (Legacy Case No: LC190012)
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Trimterra Development Corporation
Subject: Determination of compensation
Description: Land compensation
Reference Number:
Property Address: 975 Dairy Drive
Municipality/UT: Ottawa/Ottawa
OLT Case No: OLT-22-002463
Legacy Case No: LC190012
OLT Lead Case No: OLT-22-002463
Legacy Lead Case No: LC190012
OLT Case Name: Trimterra Development Corporation v. Ottawa (City)
BEFORE: R. MAKUCH, VICE-CHAIR
Monday, the 4th day of April, 2022
THE TRIBUNAL ORDERS that this matter shall be governed in accordance with the procedural ordered attached as Attachment “1” to this order.
“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.
ISSUE DATE: CASE NO(S).: LC190012
PROCEEDING COMMENDED UNDER section 26 of the Expropriations Act, R.S.O. 1990, c. E. 26
Claimant: Trimterra Development Corporation
Respondent: City of Ottawa
Subject: Land Compensation
Property Address/Description: 975 Dairy Drive
Municipality: City of Ottawa
LPAT Case No.: LC190012
LPAT File No.: LC190012
LPAT Case Name: Trimterra Development Corporation v. Ottawa (City)
The parties agree on the timing for and conduct of the following procedural matters:
Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties.
The hearing will begin on a date to be set by the Tribunal.
The length of the hearing will be about 10 days. The length of the hearing may be shortened as issues are reordered as settlement is achieved. 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, including amendments, if any. There shall be no additional issues raised without leave of the Tribunal.
Affidavit of Documents: The parties shall exchange affidavits of documents on or before October 7, 2021.
Examinations for Discovery: Shall occur on or before November 19, 2021 and shall be conducted on a virtual platform (e.g. Zoom).
Undertakings, Under Advisements, Refusals: The parties shall deliver answers to undertakings, answers to questions taken under advisements, and any refusals reconsidered on or before January 19, 2022.
Motions arising from examinations for discovery: Any motion arising from the answers to undertakings, answers to questions taken under advisement and/or any refusals maintained shall be served on or before February 18, 2022. The motion will be returnable within 60 days, subject to the Tribunal and counsels’ availability.
Witness Lists: The parties shall serve a witness list on or before April 1, 2022. 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 Reports and Witness Statements: The parties shall exchange expert reports and witness statements on or before May 27, 2022 if all answers to undertakings, questions taken under advisement and refusals are satisfactorily answered by the January 19, 2021 deadline. If motions arising from examinations for discovery are brought, the deadline for expert report and witness statements will be 90 days after the date that all answers to undertakings, questions taken under advisement and refusals ordered to be answered have been delivered.
Reply Expert Reports and Witness Statements: All reply export reports and witness statements, if any, shall be exchanged on or before 90 days after the applicable deadline for the delivery of expert reports and witness statements identified in paragraph 10.
Mediation: The parties will attend a mediation session at a location to be determined on or before September 30, 2022. The parties agree that the mediation session will only proceed once the expert reports and witness statements and reply expert reports and witness statements have been exchanged, and to amend this date if necessary.
Notice of Hearing: The Tribunal will provide notice of the time and place for the arbitration to the parties.
Reporter: The expropriating authority shall arrange, at the expense of the expropriating authority, for the attendance of a qualified verbatim reporter to record, in writing, all oral evidence submitted before the Tribunal.
Filing of Documents: At the commencement of a hearing to determine compensation, the respondent shall file a copy of the certificate of approval of expropriation under the Act, the plan of the expropriated land and proof of its registration in accordance with section 9 of the Act, where applicable; and an affidavit proving service of the notice of hearing under Rule 26.20 and that the persons served are all the persons required to be served.
Amendment of this Order: At the request of any person, or on its own motion, the Tribunal 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.
Written Evidence:
a. “Written evidence” includes all written material, letters, reports, studies and documents which 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.
d. 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 5 calendar days before the date an expert witness who will give oral evidence is to be called.
e. Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having:
i. Served and filed written evidence, and/or
ii. Served and filed an expert report.
A party who serves and files a witness statement or expert report must have the witness present at the hearing to testify unless the party advises the Tribunal and the parties served with the witness statement or expert report that it is not to be part of the record.
Amendment of Written Evidence: 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.
Request to Admit: A party who chooses 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 into the Ontario Land Tribunal Rules of Practice and Procedure by Rule 26.16, shall serve such request(s) on the party opposite on or before 60 days before the hearing. Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Notice of Readiness for Hearing: The parties shall execute a Notice of Readiness for Hearing within 15 days after the deadline for delivery of reply expert reports and witness statements.
Service of Notice of Hearing: Upon receipt of the Notice of Hearing, the respondent shall, at least 20 days before the hearing, serve a copy of the notice of hearing upon all registered owners, and also upon any person known to the respondent to be an owner as defined in the Act, or who is claiming to be entitled to any part of the compensation which may be awarded at an arbitration under the Act.
Joint Book of Documents: The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator at least 10 days before the hearing.
Hearing Plan: the parties shall prepare and file a hearing plan with the Tribunal on or before 10 days before 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 in the course of the hearing.
Witnesses: 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.
Presentation of Evidence at the Hearing: The order of presentation of evidence shall be:
a. Case for the claimants;
b. Case for the expropriating authority; and
c. Reply by the claimants.
Reply evidence shall not include evidence which was or should have been led in direct examination.
Filing: All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic 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 Rule 7.11 and 7.12.
Adjournments: Adjournments will not be granted during the hearing except on the grounds of serious hardship or illness.
This Member is not seized.
So orders the Tribunal.