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# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** October 09, 2024
**CASE NO(S).:** OLT-24-000521
**PROCEEDING COMMENCED UNDER** subsection 26(2)(b) of the Expropriations Act, [R.S.O. 1990, c. E.27](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e27/latest/rso-1990-c-e27.html)
**Claimant:** 1878287 Ontario Inc.
**Respondent:** City of Toronto
**Description:** Determination of compensation
**Property Address:** 81 Bloor Street East
**Municipality/UT:** Toronto
**OLT Case No.:** OLT-24-000521
**OLT Lead Case No.:** OLT-24-000521
**OLT Case Name:** 1878287 Ontario Inc. v. Toronto (City)
**Heard:**
August 7, 2024, by Video Hearing (“VH”)
September 10, 2024, in writing
**APPEARANCES:**
**Parties** | **Counsel**
--- | ---
1878287 Ontario Inc. (“Claimant”) | Jeff Goldstein (in absentia)
City of Toronto (“Respondent”) | Ebaadh Rizwani
---
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## DECISION DELIVERED BY ROBERT G. ACKERMAN AND ORDER OF THE TRIBUNAL
### INTRODUCTION
[1] This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act. The claim is brought by the Claimant against the Respondent, City of Toronto (“City”), and arises out of the expropriation of the entirety of the commercial property at 81 Bloor Street East (“Subject Property”) for the construction of the Toronto Transit Commission Bloor-Yonge Capacity Improvement Project. The Claimant was a commercial tenant at the Subject Property from which it operated a full-service restaurant and bar.
### NON-ATTENDANCE BY COUNSEL
[2] On August 7, 2024, counsel for the City appeared on the return of the Notice of CMC, which had been properly served upon the Parties. Counsel for the Claimant, Mr. Goldstein, did not appear. Mr. Goldstein did not notify the Tribunal that he would not be appearing at the CMC. Neither did Mr. Goldstein have a properly instructed agent appear on his behalf. Mr. Rizwani advised the Tribunal that he had received a communication from Mr. Goldstein advising that he would not be attending the CMC and that Mr. Rizwani should ask the Tribunal to “set a Hearing date in 2025”. In response to the Tribunal’s inquiry, Mr. Rizwani advised the Tribunal that there had been no discussions between counsel respecting the terms for a Procedural Order (“PO”), a Pre-Hearing Procedural Timetable (“PT”), an Issues List (“IL”), an Order of Evidence (“OE”) or the number of days the Hearing will require. The Tribunal advised Mr. Rizwani that the foregoing information is essential to the Tribunal’s scheduling process and that the Tribunal will not set a Hearing date in the absence of counsel for the Claimant unless the terms of a PO, PT, IL and OE (collectively “the Attachments”), and an estimated number of days for the Hearing have been agreed upon by both counsel. The Tribunal ordered that the CMC be adjourned to August 20, 2024, that a draft PO and Attachments be provided to the Tribunal before the return of the CMC, and directed that fresh Notices of the CMC with the log-in particulars be provided to both counsel.
[3] Later in the day on August 7, 2024, the Tribunal’s Case Coordinator (“CC”) received an email from Mr. Goldstein offering the following explanation for his non-attendance at the CMC:
> In past proceedings, authorities have provided draft Procedural Orders on consent, which are then filed with the OLT, irrespective of counsel attendance. As noted, we consented to a Hearing Date, and we are generally agreeable to any dates contained in a PO. Our calendars are open.
[4] Subsequently the Tribunal’s CC received a message from Mr. Goldstein which stated: “I will be out of country on August 20. We will consent to a procedural order and then it can be filed with the Tribunal. I trust this will be satisfactory.” The CC contacted Mr. Rizwani, who took the position that the CMC could not proceed in the absence of Claimant’s counsel, stating: “With counsel for the claimant absent, nothing will be accomplished at the CMC yet again and we will simply waste the Tribunal’s time. The City would prefer adjourning the matter to a later date to which counsel for the Claimant can commit.” In the circumstances and to avoid this second non-attendance, the Tribunal granted Mr. Rizwani’s request for an adjournment, and the CMC was adjourned to September 10, 2024.
[5] The Tribunal refers to and adopts the language in the CMC Decision of former Vice-Chair Lanthier dated June 9, 2022, in Janisse v. City of Windsor, regarding the non-attendance of the Claimant’s counsel at a CMC. In that case, as there was here, there was no prior communication of any conflict or circumstance that would justify the non-attendance. The Tribunal is of the view that the failure of counsel to attend a scheduled hearing event, and the failure to communicate with Tribunal staff regarding such non-attendance, demonstrates a lack of respect and courtesy for the Tribunal, fellow counsel, and generally for the administration of justice. This type of disregard for the Tribunal’s calendar causes scheduling inefficiencies, wasted time by Tribunal staff and Members, unnecessary expense for the Parties and interference with the orderly case management of the Tribunal’s proceedings.
[6] The Rules of Professional Conduct of the Law Society of Ontario describe the long-recognized duties of lawyers in the administration of justice and requires that lawyers discharge their responsibilities to the courts and tribunals with integrity and courtesy. Lawyers are required to perform these duties conscientiously, diligently and in a timely and cost-effective manner. When acting as an advocate, as is the case here, lawyers are required to treat the Tribunal with candour, fairness, courtesy and respect.
[7] Unless there are exceptional or unusual circumstances, the Tribunal expects that counsel will:
a. attend all scheduled CMCs;
b. arrange for alternate counsel or agents to attend, or communicate promptly with staff regarding any sudden circumstances that would prevent the attendance of the lawyer of record at the CMC;
c. ensure, well-prior to a CMC, that counsel have communicated with each other regarding case management, including the form of a draft PO, PT, IL and OE; and
d. attend the CMC as scheduled, prepared and ready to assist in the effective case management of the proceeding.
[8] The non-attendance of counsel for a party at a scheduled CMC allows the Tribunal to make such orders as are necessary to address such non-attendance or non-compliance with the Tribunal’s case management requirements pursuant to the Ontario Land Tribunal Act and the Statutory Powers Procedure Act.
### PROCEDURAL ORDER
[9] Prior to the continuation of the CMC on September 10, 2024, the CC was advised by Mr. Rizwani that both counsel had agreed to a five-day Hearing on the merits to commence in the month of September 2025. Following consultation, respecting the Tribunal’s calendar, a five-day Hearing on the Merits, by VH was agreed upon, commencing on Monday, September 22, 2025, and concluding on Friday, September 26, 2025. Mr. Rizwani had agreed that an updated draft PO would be filed containing the specific dates for the completion of all pre-Hearing matters, a list of Parties (“LP”), IL, OE and PT. Thus assured, the Tribunal ordered the CMC adjourned sine die.
[10] Subsequently, both the CC and this Member have been required to spend an inordinate amount of time attempting to finalize the terms of a PO and PT. The expenditure of this additional, wasted time, could have been avoided had both counsel attended the first return of the CMC properly prepared to schedule a merit Hearing and establish a form of PO and PT, IL and OE.
[11] The Tribunal has received and reviewed the revised draft of the PO, LP, PT, IL and OE. The fixed dates for the Hearing on the Merits and for the pre-Hearing timeline, are now provided in the PO appended to this Decision and in the Attachments thereto, and the coordinates for the Hearing are set out below in this Decision.
[12] Appended to this Decision as Schedule 1 is the PO, which will now govern all further pre-hearing procedural requirements and the Hearing of the Arbitration.
[13] Appended to Schedule 1 to this Decision as Attachment 1, Attachment 2, Attachment 3 and Attachment 4, are the LP, PT, IL and OE, which shall govern the conduct of the Hearing on the Merits.
### HEARING DETAILS
[14] For the five-day VH, commencing on Monday, September 22, 2025, at 10 a.m. and continuing until Friday, September 26, 2025, the Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: [https://global.gotomeeting.com/join/660145013](https://global.gotomeeting.com/join/660145013)
Access code: 660-145-013
[15] Parties 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](https://global.gotomeeting.com/install) or a web application is available at: [https://app.gotomeeting.com/home.html](https://app.gotomeeting.com/home.html)
[16] Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 660-145-013.
[17] Individuals 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 VH to ensure that they are properly connected to the event at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
### ORDER
[18] THE TRIBUNAL ORDERS THAT the Procedural Order and Attachments thereto appended as Schedule 1 to this Decision shall govern the conduct of this proceeding.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
Ontario Land Tribunal
Website: [olt.gov.on.ca](http://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.
---
## SCHEDULE 1
**CASE NO(S).:** OLT-24-000521
**PROCEEDING COMMENCED UNDER** subsection 26(2)(b) of the Expropriations Act, [R.S.O. 1990, c. E.27](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e27/latest/rso-1990-c-e27.html)
**Claimant:** 1878287 Ontario Inc.
**Respondent:** City of Toronto
**Description:** Determination of compensation
**Property Address:** 81 Bloor Street East
**Municipality/UT:** Toronto
**OLT Case No.:** OLT-24-000521
**OLT Lead Case No.:** OLT-24-000521
**OLT Case Name:** 1878287 Ontario Inc. v. Toronto (City)
### PROCEDURAL ORDER
1. 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**
2. The merit hearing has been scheduled for 5 days, to begin on September 22, 2025 and will end on September 26, 2025.
3. The parties identified at the case management conference are set out in Attachment 1.
4. The issues are as set out in the pleadings of the parties. 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.
5. The order of evidence shall be as set out in Attachment 2 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.
6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
7. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s [Video Hearing Guide](https://olt.gov.on.ca/appeals-process/video-hearing/), available on the Tribunal’s website.
**Documentary and Oral Discoveries**
8. Affidavit of Documents (together with production briefs of the documents) shall be exchanged by November 30, 2024.
9. Examinations for discovery of the representative of each party shall be completed on or before January 31, 2025. Examinations for discovery may be conducted via videoconference, or in person, as agreed to by the parties. Pursuant to Rule 26.21 of the Tribunal’s Rules of Practice and Procedure (“the Tribunal’s Rules”), the parties shall exchange Expert Appraisal Reports at least 15 days prior to the date of discoveries.
10. Each party shall answer their respective undertakings and any questions taken under advisement which either party agrees to answer, arising from examinations for discovery on or before 60 days after examinations for discovery are held. Any questions taken under advisement of either party which are not answered by March 30, 2025, shall be deemed to be a refusal.
11. Any motion(s) arising out of the Examinations for Discovery shall be filed on or April 30, 2025. The Motion(s) if necessary, shall be brought in writing, subject to the Tribunal’s discretion to schedule an oral hearing on a date and time to be determined by the Tribunal. 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 a motion day is not required, the parties agree to advise the Tribunal as soon as possible.
**Mediation**
12. The parties agree to attend and participate in a mediation pursuant to the Tribunal’s Rules of Practice and Procedure, which shall take place by no later than August 15, 2025. Pursuant to Rule 26.6 of the Tribunal’s Rules, the Tribunal has directed the parties to discuss participating in mediation for the purpose of resolving all or part of the claim. Delivery of this Order to Counsel for each Party shall constitute the Notice of the Tribunal’s Direction as required by Rule 26.7 of the Tribunal’s Rules.
**Evidence**
13. Parties 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 July 31, 2025.
14. “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 oral evidence. A witness statement must be served for all non-expert witnesses a party intends to call at the hearing. The parties examined for discovery need not provide a witness statement.
“Written evidence” includes all written material, reports, studies and documents which a party or participant intends to present as evidence at the hearing.
15. The parties shall serve all expert reports on each other by no later than April 30, 2025.
16. The parties shall serve all reply expert reports on each other by no later than May 31, 2025.
17. The parties shall serve all witness statements on each other by no later than June 30, 2025.
18. Further 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 5 calendar days before the date on which the expert witness who will give oral evidence is to be called.
19. Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having served and filed an expert report.
20. 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 party served with the witness statement or expert report that it is not to be considered part of the record.
21. On or before August 15, 2025, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
**Amendment of Written Evidence**
22. Amendments to expert reports and/or witness statements will be permitted only by way of motion, with notice to be given in accordance with the rules which govern this matter.
23. Expert witnesses in the same field shall have a meeting on or before July 31, 2025, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties shall prepare a Statement of Agreed Facts and, file same with the OLT case co-ordinator on or before August 31, 2025. For clarity, if there are no facts which are agreed to, the Statement of Agreed Facts will confirm that the experts’ meeting took place, that best efforts were used to try to resolve or reduce the issues for the hearing and confirm that there are no facts that the parties agree to.
24. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 1, 2025
25. Any documents which may be used by a party in cross examination of an opposing party’s witness shall only be accessible to the Tribunal 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 August 31, 2025 or in advance of the start of the cross-examination of any witness at the hearing.
26. 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.
27. 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.
28. In the event that a party seeks to exclude all or part of any expert report, witness statement or other written evidence, wherever possible a motion should be brought at least 60 (sixty) days prior to the hearing date. The Tribunal may decline to consider such a motion at the hearing if it is apparent that it could have been brought prior to the hearing.
**Qualification and Independence of Expert Witnesses**
29. A party who intends on qualifying a witness as an expert witness shall, on the list of witnesses noted in paragraph 27 above, specify the area of expertise in respect of which qualification is to be requested.
**Notice of Readiness for Hearing**
30. On or before August 5, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
31. The parties shall file a Notice of Readiness for Hearing with the Tribunal by no later than 30 days in advance of the hearing date.
**Presentation of Evidence at the Hearing**
32. The parties shall prepare and file a preliminary [hearing plan](https://olt.gov.on.ca/tribunals/lpat/lpat-process/hearing-plans/) with the Tribunal on or before September 8, 2025 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.
**General**
33. All filings shall be submitted electronically and, when directed, 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.
34. 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.
This Member is [not] seized. So orders the Tribunal.
---
### Attachment 1 – Identification of Parties and Counsel
**Party** | **Party Status** | **Counsel / Representative**
--- | --- | ---
1878287 ONTARIO INC O/A SABAI SABAI | Claimant | GOLDSTEIN LAW FIRM<br>306 Manning Ave<br>Toronto ON. M6J 2K9<br>Jeff Goldstein<br>Ph: 647-838-6740<br>Fax: 416-352-1252<br>Em: jeff@goldsteinlawyers.ca
City of Toronto | Respondent | City Solicitor’s Office<br>Legal Services<br>55 John Street<br>Stn. 1260, 26th Flr, Metro Hall<br>Toronto ON. M5V 3C6<br>Ebaadh Rizwani Solicitor [Ebaadh.rizwani@toronto.ca](mailto:Ebaadh.rizwani@toronto.ca) 416-392-2887<br>Jessica Amey Solicitor [Jessica.amey@toronto.ca](mailto:Jessica.amey@toronto.ca) 416-397-1890
---
### Attachment 2 – Timetable
**Event** | **Date**
--- | ---
Exchange Affidavit of Documents | November 30, 2024
Examinations for Discovery | January 21, 2025
Appraisal Reports to be exchanged subject to direction of the Tribunal | 1 week before discoveries
Undertakings to be Answered | March 30, 2025
Any motions arising from Examinations or Undertakings to be requested /scheduled | 30 days from the deadline for answers to undertakings
Any further undertakings to be answered following the motion | 30 days from the date of the discovery motion, if any
Exchange of Expert Reports and Witness statements | April 30, 2025
Exchange of Expert Reply Witness Statements / Reply Reports | May 31, 2025
Exchange of Witness List | July 31, 2025
Meeting(s) of Like Experts | July 31, 2025
Confirm whether all hearing dates still required | August 5, 2025
Mediation | August 15, 2025
Visual Evidence | August 15, 2025
Agreed Statement of Facts | August 31, 2025
Joint Document Book | September 1, 2025
Preparation of Hearing Plan | September 8, 2025
Documents to be used in cross-examination | To be provided on or before the first day of the hearing or in advance of the start of cross-examination
Hearing | September 22-26, 2025
---
### Attachment 3 – Issues List
The issues are as set out in the pleadings.
---
### Attachment 4 – Order of Evidence
1. Claimant’s evidence
2. Respondent’s evidence
3. Claimant’s Reply, if any
minicounsel