Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 15, 2023
CASE NO.: OLT-22-004867
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended
Claimant: Gabriel Khater operating as House of Pizza
Respondent: City of Ottawa
Subject: Land Compensation
Property Address: Unit 5, 747 Richmond Road
Municipality: City of Ottawa
OLT Case No.: OLT-22-004867
OLT Lead Case No.: OLT-22-004867
OLT Case Name: Gabriel Khater Operating as House of Pizza v. Ottawa (City)
BEFORE:
MARY-ANNE SILLS VICE-CHAIR
Friday, the 15th day of December, 2023
THE TRIBUNAL ORDERS that further to the Order issued on February 3, 2023, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on July 15, 2024. The Tribunal has set aside five (5) day(s) for the hearing.
“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.
SCHEDULE A
Procedural Order
The parties agree on the timing for and conduct of the following procedural matters:
This Procedural Order amends the Procedural Order issued by the Tribunal on February 3, 2023. Any date or deadline contemplated in this Amended Procedural Order may be amended by agreement of the parties, or by the Tribunal upon request of the parties.
The video hearing will begin on July 15, 2024.
The length of the hearing will be about 5 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 March 10, 2023.
Examinations for Discovery: Shall occur on or before April 28, 2023 and shall be conducted on a virtual platform (e.g. Zoom).
Undertakings/Refusals/Under Advisements: The parties shall deliver answers to undertakings, answers to questions taken under advisement, and any refusals reconsidered on or before June 30, 2023.
Motions arising from undertakings: Any motion arising from undertakings shall be served on or before July 28, 2023. 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 December 15, 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.
Expert Reports and Witness Statements: The parties shall exchange expert reports and witness statements on or before February 15, 2024.
Reply Expert Reports and Witness Statements: All reply expert reports and witness statements, if any, shall be exchanged on or before April 15, 2024 (i.e. 60 days following the exchange of expert reports and witness statements).
Notice of Readiness for Hearing: The parties shall execute a Notice of Readiness for Hearing on or before May 15, 2024.
Mediation: The parties may agree to attend a mediation session at a location to be determined within 60 days of the exchange of reply expert reports and witness statements, or alternatively when the Tribunal is available.
Notice of Hearing: The Tribunal will provide notice of the time and place for the arbitration to the respondent.
Reporter: The expropriating authority shall arrange at the expense of the expropriating authority, for the attendance of a qualified verbatim reporter to take down, 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 26.26 and that the persons served are all the persons required to be served.
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 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
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.
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.
Hearing Dates: the parties shall confirm with the Tribunal if all the reserved hearing dates are still required at least 30 days before the start of the hearing.
Hearing Plan: The parties shall prepare and file a hearing plan with the Tribunal at least 21 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.
Joint Document Book: The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator at least 21 days before 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 claimant;
b. Case for the expropriating authority; and
c. Reply by the claimant.
Reply evidence shall not include evidence which was or should have been led in direct examination.
All service and filing shall be electronic copy. Hard copies will be provided to the Tribunal at its request. 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.
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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR