Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 2023
CASE NO(S).: OLT-23-000607
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Geoff Christou
Respondent: Metrolinx
Subject: Expropriation / Land Compensation
Description: To facilitate construction of the Ontario Line transit project.
Reference Number: AT6051013
Property Address: 58 Stewart Street, Unit 13
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000607
OLT Lead Case No: OLT-23-000607
OLT Case Name: Christou v. Metrolinx
Heard: December 13, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Geoff Christou ("Claimant") | Conner Harris Brynn Leger |
| Metrolinx ("Respondent") | Jessica Karban |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON DECEMBER 13, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Claimant commenced a claim by Notice of Arbitration, dated June 26, 2023, pursuant to section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27, with respect to unit No. 13 at 58 Stewart Street, in the City of Toronto, following the expropriation by the Respondent to facilitate the construction of the Ontario Line.
2On December 13, 2023, the Tribunal held its first Case Management Conference ("CMC") to organize the proceeding.
NOTICE
3Notice of the CMC was sent administratively on October 26, 2023.
MEDIATION OR SETTLEMENT
4Counsel for the Parties informed the Tribunal that they have not engaged in recent settlement discussions, but they were willing to explore mediation or settlement discussion at some point in the proceeding. The draft Procedural Order agreed upon by both Parties provides for the possibility of Tribunal assisted mediation.
SETTING HEARING DATES
5Both Parties agreed that a five-day Merit Hearing would be required. Counsel for the Claimant requested a hearing date starting in December 2024, but Counsel for the Respondent advocated for a hearing date commencing in January 2025.
6In the light of the Tribunal’s calendar, the Tribunal directed that the five-day Merit Hearing would commence on Monday, January 13, 2025, at 10 a.m., by Video Hearing.
7Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
8Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated in paragraph 7 above.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
PROCEDURAL ORDER
11Except for the proposed hearing date, the Parties had agreed on a draft Procedural Order. The Tribunal found the draft to be reasonable. However, the Tribunal has required in the Procedural Order that the Parties update the Issues List no later than 60 days prior to the start of the Hearing.
ORDER
12THE TRIBUNAL ORDERS its direction above and that the Procedural Order appended as Attachment 1 to this Order shall govern the conduct of this proceeding.
13The Member will remain available to assist with the ongoing case management of this matter, subject to the Tribunal’s calendar.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS
MEMBER
Ontario Land Tribunal
Website: www.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.
ATTACHMENT 1
CASE NO: OLT-23-000607
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Geoff Christou
Respondent: Metrolinx
Subject: Expropriation / Land Compensation
Description: To facilitate construction of the Ontario Line transit project.
Reference Number: AT6051013
Property Address: 58 Stewart Street, Unit 13
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000607
OLT Lead Case No: OLT-23-000607
OLT Case Name: Christou v. Metrolinx
PROCEDURAL ORDER
- 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
- The Video Hearing will begin on Monday, January 13, 2025, at 10:00 a.m. by video conference.
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
The parties’ initial estimation for the length of the Hearing is 5 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 parties and participants identified at the Case Management Conference are set out in Schedule 1.
The issues are set out in the Issues List attached as Schedule 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. Parties must update their Issues List by no later than 60 days prior to the start of the Hearing.
The order of evidence shall be as set out in Schedule 3 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.
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.
Requirements Before the Hearing
Affidavits of Documents (together with production briefs of the documents) shall be exchanged on or before Friday, February 9, 2024.
Discoveries shall be completed on or before Wednesday, April 17, 2024. The parties agree to complete Examinations for Discovery virtually by way of video conference.
All undertakings provided at the Examination for Discovery of the parties shall be answered on or before Wednesday, May 29, 2024.
Any motion(s) arising out of the Examinations for Discovery shall be filed, in writing, on or before Wednesday, June 19, 2024. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process. Should the parties agree that the motion date is not required, the parties agree to advise the Tribunal as soon as possible. Any productions ordered by the Tribunal at this Motion shall be produced within thirty (30) days of the decision by the Tribunal.
The parties may make a request for consideration of mediation facilitated by the Tribunal through the Tribunal’s Case Coordinator for this process.
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 75 days prior to the start of the hearing and in accordance with paragraph 27 below. 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 witnesses in the same field shall have a meeting on or before 15 days after the delivery of expert reports 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 15 days prior to the start of the Hearing.
An expert witness shall prepare an expert witness statement, which 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 18 below. Instead of a 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.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 18 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 18 below.
On or before 60 days prior to the start of the Hearing, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 27 below.
If any, on or before 60 days prior to the start of the Hearing, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 27 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before 35 days prior to the start of the Hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 15 days prior to the start of the Hearing, the parties shall provide copies of their visual evidence to all of the other parties 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within thirty (30) days after the evidence is received and in accordance with paragraph 27 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 10 days prior to the start of the Hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules 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.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 7 days prior to the start of 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.
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 Tribunal. The delivery of documents by email shall be governed by the Rule 7.
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.
Schedule 1
LIST OF PARTIES
Claimant
Geoff Christou
RAYMAN HARRIS LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5B 1J2
Conner Harris (LSO #66645E) T: 416.597.5422 F: 437.222.9001 conner@raymanharris.com
Brynn Leger (LSO #77713P) T: 437.222.9003 F: 437.222.9001 brynn@raymanharris.com
Respondent
Metrolinx
M&H LLP 61A Jarvis St., Suite 200 Toronto, ON M5C 2H2
Christel Higgs (LSO #53408T) Tel: 416.947.6701 Fax: 416.947.6703 christel@mhlawyers.ca
Jessica Karban (LSO #75541D) Tel: 416.947.6700 ext. 212 Fax: 416.947.6703 aisling@mhlawyers.ca
Schedule 2
ISSUES LIST
- The issues are defined by the pleadings of the Parties which have been filed with the Tribunal.
Schedule 3
ORDER OF EVIDENCE
- Claimant evidence in-chief
- Claimant evidence in cross-examination
- Metrolinx evidence in-chief
- Metrolinx evidence in cross-examination
- Claimant evidence in Reply, if necessary