ISSUE DATE: August 22, 2022
CASE NO.: OLT-22-002173
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended
Claimant: Toronto Port Lands Company
Respondent: Metrolinx
Subject: Land Compensation
Property Address: 480R Lakeshore Boulevard East
Municipality: City of Toronto
OLT Case No.: OLT-22-002173
OLT Lead Case No.: OLT-22-002173
OLT Case Name: Toronto Port Lands Company v. Metrolinx
BEFORE:
M.A SILLS VICE-CHAIR Monday, the 22nd Day of August 2022
THIS MATTER having not yet come before the Tribunal for a hearing event;
AND THE TRIBUNAL having received requests to issue a Procedural Order and schedule three (3) hearing events, on consent;
AND THE TRIBUNAL having received a copy of the Procedural Order, on consent;
THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule 1 is in full force and effect and three (3) hearing events are scheduled as follows:
Motion Hearing – One (1) day AT: 10:00 AM ON: Tuesday, January 24, 2023 AT: https://meet.goto.com/709076365
Case Management Conference – One (1) day a. AT: 10:00 AM b. ON: Tuesday, June 27, 2023 c. AT: https://meet.goto.com/638422541
Merits Hearing – Eight (8) days a. AT: 10:00 AM b. ON: Wednesday, October 18, 2023 c. AT: https://meet.goto.com/638422541
“Euken Lui”
EUKEN LUI 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
AMENDMENT OF THIS ORDER
At the request of any person, or on its own motion, the Ontario Land Tribunal (“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.
Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties.
CONDUCT OF THE HEARING Discovery
The parties shall exchange their respective Affidavits of Documents and Productions on September 9, 2022.
Examinations for discovery of the representative of each party shall be completed on or before October 28, 2022. The parties consent to conduct examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before December 23, 2022.
Motions
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard on January 24, 2023 and will be held by way of videoconference or teleconference, or at a mutually convenient location at the direction of the Tribunal. In the event that the parties do not require any such motion, they shall endeavour to notify the Tribunal, on consent, one week prior to the scheduled date for the motion, or as soon as possible thereafter.
Further answers to undertakings, questions taken under advisement, and/or refusals, further examinations for discovery, and/or further productions arising from a motion are to be answered, held, and/or provided within one month of the discovery motion before the Tribunal.
Evidence
- “Expert report” means a report 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 his or her opinion on those issues, and a list of reports, documents and/or studies that the expert witness relies upon.
“Witness statement” means a document consisting of a short outline of the facts and issues that a non-expert witness will address in evidence. A witness statement must be served for all non-expert witnesses a party intends to call at the hearing.
The parties shall serve all expert reports on each other on or before March 31, 2023.
The parties shall serve all reply expert reports and witness statements on each other on or before May 26, 2023.
Further witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted pursuant to s. 28(1) of the Expropriations Act, shall be served and filed at least five (5) calendar days before the date on which the expert witness who will give oral evidence is to be called.
Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having 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 considered part of the record.
Pre-Hearing Conference and Mediation Assessment
- The Tribunal will conduct a pre-hearing conference and mediation assessment on consent of the parties on June 27, 2023 with a view to scheduling mediation and subsequent hearing on a date that is mutually agreed by the parties and the Tribunal.
Requests to Admit
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 1.04, shall serve such Request or Requests on the party or parties opposite on or before forty (40) days in advance of the Hearing Date.
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 file a Notice of Readiness for Hearing with the Local Planning Appeal Tribunal on or before sixty (60) days in advance of the Hearing Date.
Hearing
The Hearing will begin on October 18, 2023 at 10:00 a.m. virtually by videoconference. No further notice shall be required.
The length of the Hearing will be approximately eight (8) days. The length of the Hearing may be shortened as issues are resolved or settlement is achieved.
Presentation of Evidence at the Hearing
- The order of presentation of evidence shall be:
i. case for the Claimant;
ii. case for the Respondent; and
iii. reply by the Claimant.
- Reply evidence shall not include evidence that was or should have been led in-chief. This Member is not seized. So orders the Tribunal.