Oshawa Sand Gravel Supply v. Ontario (MTO), 2022 CanLII 95913

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 12, 2022

CASE NO.: PL170866

PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.

Claimant: Oshawa Sand Gravel Supply

Respondent: Ministry of Transportation

Subject: Determination of compensation

Property Address: (Oshawa Sand Gravel Supply v. Ontario (MTO))

Municipality/UT: Clarington/

OLT Case No: OLT-22-002685

Legacy Case No: LC140048

OLT Case Name: Oshawa Sand Gravel Supply v. Ontario (MTO)

BEFORE:

M. A. SILLS VICE-CHAIR

Wednesday, 12th day of October, 2022

THESE MATTERS having come before the Tribunal for a Prehearing Conference on September 26, 2022;

AND THE TRIBUNAL having received the requested 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.

“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.

ONTARIO LAND TRIBUNAL

IN THE MATTER OF the Expropriations Act, R.S.O. 1990, c. E.26, as amended

AND IN THE MATTER OF an arbitration

B E T W E E N:

VAN DRUNEN AND SONS GRAVEL LIMITED c.o.b. OSHAWA SAND & GRAVEL SUPPLY, AND HILARY VAN DRUNEN

Claimants

• and -

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO (THE “MINISTER OF TRANSPORTATION”)

Respondent

PROCEDURAL ORDER OF THE TRIBUNAL

The Tribunal has issued procedural directions for this arbitration, which are confirmed in the following Order of the Tribunal.

1. 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.

CONDUCT OF THE HEARING

Place and Time

2. The hearing will commence on November 29, 2023, at 10:00 a.m. by video hearing (the first day referred to as the “Hearing Date”). The time allotted for the hearing is eight (8) days. Below are the GoToMeeting video hearing login details:

Merit Hearing starting on 11/29/2023 10:00 AM Duration: 8 Days Platform: GoToMeeting https://meet.goto.com/638422541 Access code: 638-422-541

Issues

3. The issues at the hearing shall be those set out in the pleadings filed, including such amendments, if any, as may be permitted by the Tribunal.

The Pleadings

4. (1) The Notice of Arbitration and Statement of Claim was served by the Claimants on December 8, 2014.

(2) The Respondent is to serve its Reply by October 31, 2022.

(3) Any requests to amend the Pleadings shall be brought before the Tribunal by way of a motion, unless otherwise agreed by the parties.

Mediation

5. A mediation may be scheduled on a date and at a location to be determined by the Tribunal as soon as possible.

Discovery Process

6. (1) The Affidavits of Documents of the Claimants and the Respondent shall be served by January 31, 2023.

(2) The Examinations for Discovery shall be completed by March 31, 2023.

(3) All undertakings provided at the Examination for Discovery of the parties shall be answered on or before May 31, 2023.

(4) Any motions to the Tribunal arising out of the discovery process shall be scheduled by June 30, 2023.

Written Evidence

7. (1) “Written evidence” includes all written material, letters, reports, studies and documents which a party intends to present as evidence at the hearing. Written evidence shall have consecutively numbered pages and, where appropriate, consecutively numbered paragraphs.

(2) “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.

(3) “Witness statement” means a document consisting of a short outline of the facts and issues that a lay witness will address in oral evidence.

8. A case management conference shall be conducted by the Tribunal to set the dates for the completion of the remaining procedural steps on July 25, 2023 by video hearing, including setting the dates for the:

(a) Exchange of Witness List / Expert Witness Statements / Reports / Lay Witness Statements;

(b) Exchange of Expert Reply Witness Statements / Reply Reports; and

(c) Meeting of Like Experts (if necessary).

Below are the GoToMeeting video hearing login details:

Case Management Conference on 7/25/2023 10:00 AM Duration: 1 Day Platform: GoToMeeting https://global.gotomeeting.com/join/709076365 Access code: 709-076-365

9. Further written evidence, witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted, shall be served and filed at least five calendar days before the date an expert witness who will give oral evidence is to be called. This paragraph does not apply to written evidence counsel intend to refer to during cross-examination of an opposing witness.

10. Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having:

(a) served and filed written evidence, and

(b) served and filed an expert report.

11. 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

12. Amendments to expert reports or witness statements will be permitted only by motion, with notice to all parties.

Notice to Admit

13. Any party choosing 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 in Tribunal Rules 1.4 and 26.16 shall serve such request or requests on the party or parties opposite at least 30 days before the Hearing Date.

Witnesses

14. A party who intends to call witnesses, whether or not by way of summons, shall provide to the other parties and file with the Tribunal a list of the witnesses to be called and shall advise all other parties, at least ten days before the commencement of its case, of the order in which they are intended to be called.

15. 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.

Document Book and Court Reporter

16. The parties shall prepare a Joint Document Book to be filed with the Tribunal at least 7 days before the Hearing Date.

17. The Respondent shall arrange for the service and payment of a certified Court Reporter at least 15 days before the Hearing Date.

Presentation of Evidence at the Hearing

18. The order of presentation of evidence shall be:

(a) case for the Claimants;

(b) case for the Respondent; and

(c) reply by the Claimants.

19. Reply evidence shall not include evidence which was or should have been led in chief.

Adjournments

20. Adjournments will not be granted during the hearing except on the grounds of serious hardship or illness or unless otherwise agreed by the parties.

Written Submissions

21. Counsel shall provide the Tribunal with three copies of a written summary of their oral submissions at the time of presenting the submissions.

22. Attached hereto as Schedule "A" is a Timetable setting out the key dates described in this Order by which the steps in this proceeding shall be completed.

This Member is not seized. So orders the Tribunal.

No.	Remaining Steps to be Completed	By which Party	Date to be Completed by
1.	Serve and file Reply	Respondent	October 31, 2022
2.	Mediation	All parties	As soon as possible
3.	Exchange Affidavit of Documents	All parties	January 31, 2023
4.	Examinations for Discovery	All parties	March 31, 2023
5.	Undertakings to be answered	All parties	May 31, 2023
6.	Any motions arising from Examinations or Undertakings to be scheduled	All parties	June 30, 2023
7.	Follow-Up Case Management Conference (to set dates for the remaining steps to be completed)	All parties	July 25, 2023
8.	Exchange of Witness List / Expert Witness Statements / Reports / Lay Witness Statements	All parties	To be set at Follow-Up Case Management Conference
9.	Exchange of Expert Reply Witness Statements / Reply Reports	All parties	To be set at Follow-Up Case Management Conference
10.	Meeting of Like Experts (if necessary)	All parties	To be set at Follow-Up Case Management Conference
11.	Request to Admit	All parties	30 Days Before the Hearing
12.	Arrange for Court Reporter	The Region	15 Days Before the Hearing
13.	Joint Document Book	The Region	7 Days Before the Hearing
14.	Hearing (8 days)		November 29, 2023 to December 8, 2023.