ISSUE DATE: November 18, 2022

CASE NO.: OLT-22-002364

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended

Claimants: Xiaoying Guan and Shenghui Zheng

Respondent: City of Toronto

Subject: Land Compensation

Property Address: 8 Bonnington Place

Municipality: City of Toronto

OLT Case No.: OLT-22-002364

OLT Lead Case No.: OLT-22-002364

OLT Case Name: Guan v. Toronto (City)

BEFORE: STEVEN COOKE VICE-CHAIR Friday, the 18th Day of November 2022

THIS MATTER has come before the Tribunal for a hearing event;

AND THE TRIBUNAL having issued a Procedural Order on July 05, 2022;

AND THE TRIBUNAL having received a request to amend the Procedural Order, on consent;

THE TRIBUNAL ORDERS that the Procedural Order issued on July 05, 2022 is hereby rescinded and the Procedural Order attached hereto as Schedule “1” is in full force and effect.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.

SCHEDULE 1

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on May 1, 2023 at 10:00 A.M.

AT: 10:00 AM

AT: https://meet.goto.com/927921077

Access Code: 927-921-077

3. The parties’ initial estimation for the length of the hearing is 7 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.

4. 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.

5. The issues are set out in the pleadings filed, including amendment.

6. The order of evidence shall be as set out in Attachment 2 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.

Requirements Before the Hearing

Pleadings

7. The Claimants served their Notice of Arbitration and Statement of Claim on February 25, 2022.

8. The Respondent served its Reply on April 20, 2022.

Documentary and Oral Discoveries

9. Each parties’ Affidavit of Documents and Schedule ‘A’ Productions shall be exchanged on or before November 30, 2022.

10. Examinations for Discovery shall be completed on or before December 23, 2022.

11. Answers to any undertakings provided shall be completed on or before January 13, 2022.

12. Re-examinations arising out of the answers and/or undertakings shall be completed on or before January 19, 2023.

13. Any Motion(s) arising out of the discovery process are to be served and filed on January 23, 2023 (within 30 days of delivery of answers to undertakings). The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process.

List of Witnesses

14. 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 January 31, 2023. 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.

Witness Statements and Evidence

15. Expert witnesses in the same field shall have a meeting on or before March 22, 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 April 11, 2023.

16. An expert witness statement or witness statement, as appropriate, shall be served in respect of all witnesses (see Attachment 3 for the meaning of these terms). An expert witness statement 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 27 below. Instead of an expert 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.

17. On or before March 2, 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 27 below.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any proposed evidence in written form, including an expert witness statement or witness statement, on or before April 3, 2023 and in accordance with paragraph 27 below.

19. Further proposed evidence in written form, including expert witness statements or witness statements, may be served and filed only with leave of the Tribunal.

20. A person wishing to change proposed evidence in written form, including witness statements and expert witness statements, must make a written motion to the Tribunal. See Tribunal’s Rule 10 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.

21. A party who provides proposed evidence in written form of a witness to the other parties, including a witness statement or expert witness statement, must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal on or before April 17, 2023 that the proposed evidence in written form is not part of their record.

22. Any party choosing 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 1.4, shall serve such Request or Requests on the party opposite on or before March 22, 2023. Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.

23. On or before April 17, 2023, the parties shall provide copies of their proposed visual evidence to all of the other parties and file same with the Tribunal in accordance with paragraph 27 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

24. 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 10:00 a.m. on the day of that cross-examination.

Joint Document Book

25. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 17, 2023.

General Provisions

26. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 22, 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 shall prepare and file a final hearing plan with the Tribunal on or before April 21, 2023. 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.

27. All filings shall be submitted electronically and, if requested or directed by the Tribunal, 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 Tribunal’s Rule 7

28. 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 Summary of Dates

DATE	EVENT
November 30, 2022	Exchange of Affidavit of Documents
December 23, 2022	Complete Examinations for Discovery
January 13, 2023	Deadline to provide answers to undertakings
January 19, 2023	Deadline for re-examination arising out of answers to undertakings.
January 23, 2023	Deadline to serve and file Motion(s) arising out of discovery process
January 31, 2023	Exchange of Witness Lists
March 2, 2023	Exchange of Witness Statements and Expert Witness Statements
March 22, 2023	Experts meeting on or prior to this date
March 22, 2023	Preliminary Hearing Plan filed with the Tribunal
March 22, 2023	Service of Request to Admit on or prior to this date
April 3, 2023	Exchange of Reply Witness Statements and Expert Witness Statements(if any)
April 11, 2023	Agreed Statement of Facts filed with the Tribunal
April 17, 2023	Advise if any witness or expert witness who has provided a witness or expert witness statement will not be providing oral evidence
April 17, 2023	Exchange and filing of visual evidence (if any)
April 17, 2023	Joint Document Book filed with the Tribunal
April 21, 2023	Final Hearing Plan filed with the Tribunal
May 1, 2023	Hearing commences

ATTACHMENT 2 Order of Evidence

1. Xiaoying Guan and Shenghui Zheng
2. City of Toronto
3. Xiaoying Guan and Shenghui Zheng, in Reply

ATTACHMENT 3

Meaning of terms used in the Procedural Order:

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present 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.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.