Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 14, 2022

CASE NO.: OLT-22-002599

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

Claimant: Pine View Motors Limited Et Al

Respondent: The Clerk (York Region)

Subject: Determination of compensation

Description: Clam in compensation for the expropriation of the subject property by the Region of York

Property Address: 3790 Highway 7

Municipality/UT: York/York

OLT Case No: OLT-22-002599

Legacy Case No: LC190020

OLT Case Name: Pine View Motors Ltd v York (Region)

BEFORE:

S. VINCENT VICE-CHAIR

Friday, the 14th day of October, 2022

THE TRIBUNAL ORDERS that this matter shall be governed in accordance with the Procedural Order attached as Attachment “A” 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.

OLT Case No. OLT-22-002599 OLT Legacy Case No. LC190020

ONTARIO LAND TRIBUNAL

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

IN THE MATTER OF an Arbitration

B E T W E E N:

PINE VIEW MOTORS LIMITED and PINE VIEW AUTO SALES INC. Claimants

• and -

THE REGIONAL MUNICIPALITY OF YORK 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

1. At 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

2. The video Hearing will begin on May 15, 2023 at 10:00 a.m. No further notice shall be required.

Hearing Information Date: Monday, May 15, 2023 Time: 10:00 AM Link: https://global.gotomeeting.com/join/656004293 Call-in: +1 (647) 497-9373/ 1-888-299-1889 Access Code: 656-004-293

3. The length of the Hearing will be approximately nine (9) 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 OLT’s Video Hearing Guide, available on the OLT website.

ISSUES

5. The issues at the Hearing shall be those set out in the pleadings filed, including amendments.

REQUIREMENTS BEFORE THE HEARING

Pleadings

6. The Claimant served and filed a Notice of Arbitration and Statement of Claim on or about August 15, 2019.

7. The Respondent served and filed a Reply on November 18, 2019.

8. The Claimant served and filed an Amended Notice of Arbitration and Statement of Claim on June 19, 2020.

9. Any further amendments to the pleadings shall be made in accordance with the Rules of the OLT.

Documentary and Oral Discoveries

10. The Parties have exchanged Affidavits of Documents.

11. Examinations for Discovery were completed on October 15 and 16, 2020.

12. Answers to undertakings were provided by the Region on September 7, 2021 and by the Claimants on December 20, 2021.

13. The Region and Claimants each intend to bring a motion arising from the discovery process. The OLT shall hear the motions by video conference on October 11, 2022.

Hearing Information Date: October 11, 2022 Time: 10:00 AM Link: https://global.gotomeeting.com/join/638422541 Call-in: +1 (647) 497-9373/ 1-888-299-1889 Access Code: 638-422-541

The Parties shall exchange a Notice of Motion or Cross-Motion, including all supporting materials, by twenty (20) days prior to the motion date. The Parties shall exchange a Notice of Response to Motion or Cross-Motion by ten (10) days prior to the motion date.

14. The OLT Rules of Practice and Procedure apply to the motions arising from the discovery process.

Mediation

15. The 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 sixty (60) days prior to the Hearing.

Expert Reports and Witness Statements

The following definitions shall apply in this matter:

16. “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.

17. “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.

18. “Visual Evidence” includes photographs, maps, videos, models, and overlays which a Party or participant intends to present as evidence at the Hearing.

19. “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.

20. An “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.

21. An 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.

22. Expert Reports, Expert Witness Statements (if any), and Witness Statements are to be served on or before one-hundred and twenty (120) days prior to the Hearing.

23. Responding Expert Reports, Expert Witness Statements (if any), and Witness Statements are to be served on or before ninety (90) days prior to the Hearing.

24. Further Expert Reports or Expert Witness Statements may be served and filed only with leave of the OLT.

25. On 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

26. Unless the OLT orders otherwise, no expert shall give oral evidence at the Hearing without first having served and filed an Expert Report.

27. If 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.

28. A 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.

29. A 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 one-hundred and twenty (120) days prior to the Hearing. 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.

30. Counsel 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

31. Further Written Evidence, Expert Reports, Expert Witness Statements, and Witness Statements may be served and filed only with leave of the OLT.

32. Amendments 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

33. The order of presentation of evidence shall be:

a. case for the Claimant;

b. case for the Respondent; and

c. reply by the Claimant.

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

Requests to Admit

35. Any 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.

36. Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.

Joint Document Book

37. The 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

38. Documents may be delivered by personal delivery, e-mail, facsimile, courier or otherwise as the OLT may direct.

39. On or before thirty-five (35) days prior to the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

40. The 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.

41. 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 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.

42. All 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.

43. A 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.

44. The OLT may be spoken to regarding any other dates required from the OLT for effective case management of this matter.

45. No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. OLT Rule 17 applies to such requests.

46. The OLT file number is to be clearly marked on all documents, visual, written or otherwise, to be filed with the Tribunal.

So Orders the OLT

ATTACHMENT 1

Summary of Dates

DATE	EVENT
Completed	Exchange of Affidavit of Documents
Completed	Complete Examinations for Discovery
Completed	Deadline to provide answers to undertakings
20 days prior to motion	Exchange of Notice of Motion or Cross-Motion
10 days prior to motion	Exchange of Notice of Response to Motion or Cross-Motion
October 11, 2022	Motion arising out of discovery process
120 days prior to hearing	Exchange of Parties’ Witness List and Order of Witnesses to be called at Hearing
120 days prior to hearing	Exchange of Witness Statements, Expert Reports, and Expert Witness Statements (if any)
90 days prior to hearing	Exchange of Responding Witness Statements, Expert Reports, and Expert Witness Statements (if any)
60 days prior to the hearing	Mediation to occur prior to this date
35 days prior to hearing	Parties confirm with Tribunal if all reserved dates are necessary
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
May 15, 2023	Hearing commences

***Requests to Admit to be exchanged in accordance with the Rules of Civil Procedure