Ontario Land Tribunal
Issue Date: October 07, 2024 Case No(s).: OLT-24-000707
Proceeding Commenced Under subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: 1966408 Ontario Inc. and 1500049 Ontario Limited operating as Ontario Auto Salvage Respondent: Town of Oakville Description: Determination of compensation Property Address: 519 Speers Road Municipality/UT: Town of Oakville OLT Case No.: OLT-24-000707 OLT Lead Case No.: OLT-24-000707 OLT Case Name: Ontario Auto Salvage v. Oakville (Town)
Heard: October 3, 2024 by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| 1966408 Ontario Inc. and 1500049 Ontario Limited | Micah Goldstein |
| Town of Oakville | Kenneth Strong |
Memorandum of Oral Decision Delivered by Member David Brown on October 3, 2024 and Order of the Tribunal
Introduction
1The Tribunal convened a Case Management Conference (“CMC”) with respect to a Statement of Claim (“SOC”) filed by 1966408 Ontario Inc. and 1500049 Ontario Limited pursuant to s. 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.27, as amended against the Town of Oakville in connection with the compensation for an expropriation of lands located 519 Speers Road.
2The Parties requested a 10-day hearing be convened to determine the compensation and submitted a draft Procedural Order (“PO”) in advance of the CMC for the Tribunal’s consideration. Subject to some minor revisions, Counsel for the Parties are in agreement on the dates and wording contained in the draft PO. The issues have been set out in the SOC (Exhibit 2) and the Statement of Reply (Exhibit 3) filed in respect of the matter.
3The Tribunal, having reviewed the draft PO, the SOC, and the Statement of Reply, scheduled a 10-day hearing for the determination of the compensation to commence on Monday, December 1, 2025, at 10 a.m. by Video Hearing.
4Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
5Parties and/or Participants 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
6Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is as indicated above.
7Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
8The Parties provided a finalized PO to the Tribunal after the conclusion of the CMC. The PO is attached as Attachment 1 to this Decision and shall govern the proceedings leading up to and including the hearing.
9The Member is not seized of the matter and no further notice will be provided.
10THE TRIBUNAL ORDERS the directions contained in this Decision.
“David Brown”
DAVID BROWN
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(S).: OLT-24-000707
PROCEEDING COMMENCED UNDER subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Ontario Auto Salvage Respondent: Town of Oakville Description: Determination of compensation Property Address: 519 Speers Road Municipality/UT: Town of Oakville OLT Case No.: OLT-24-000707 OLT Lead Case No.: OLT-24-000707 OLT Case Name: Ontario Auto Salvage v. Oakville (Town)
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, December 1, 2025 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is ten (10) 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 identified at the case management conference are set out in Attachment 1.
The issues are set out in the Claimants’ Notice of Arbitration and Statement of Claim, which was filed with the Tribunal on July 10, 2024, and the Respondent’s Reply, which was filed with the Tribunal on July 24, 2024, attached as Attachment 2. There will be no changes to the issues except by way of an amendment to a pleading as provided under Rule 7.8 of the Tribunal’s Rules of Practice and Procedure and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 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.
Set out below are prescribed procedural steps in this matter:
(a) The parties shall exchange Affidavits of Documents on or before January 31, 2025.
(b) Appraisal Reports to be relied on by either party shall be served pursuant to Rule 26.21 on or before February 28, 2025.
(c) Examinations for discovery shall be completed by both parties on or before April 18, 2025.
(d) Undertakings of both parties shall be completed on or before May 23, 2025.
(e) Motions arising from examinations and answers to undertakings shall be scheduled on or before June 20, 2025.
Requirements Before the Hearing
The parties agree that, if attendance at mediation is agreed to by both parties after the exchange of expert reports, the parties are to attend and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal on or before October 17, 2025.
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 July 18, 2025 and in accordance with paragraph 22 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 September 26, 2025 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 October 3, 2025.
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 22 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 13 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 paragraphs 13 and 14 below.
On or before August 15, 2025, the parties shall provide copies of their lay and expert witness statements / expert witness reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 12, 2025, the parties shall provide copies of their lay and expert reply witness statements / reply expert reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before October 31, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 31, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 7, 2025.
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 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 7:00 p.m. the day before that witness gives evidence.
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 fifteen (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 seven (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 November 14, 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.
All filings shall be submitted electronically. 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 Rule 7, save and except a Lawyer’s Certificate of Service is proof of the full transmission and receipt of the electronic service.
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.
Key Procedural Dates
| Step | Date to be Completed by All Parties |
|---|---|
| Statement of Claim | July 10, 2024 |
| Reply | July 24, 2024 |
| Exchange of Affidavit of Documents | January 31, 2025 |
| Appraisal Reports to be Relied on by Either Party served pursuant to Rule 26.21 | February 28, 2025 |
| Completion of Examinations for Discovery | April 18, 2025 |
| Undertakings to be answered | May 23, 2025 |
| Motions arising from Examinations or Undertakings to be Scheduled | June 20, 2025 |
| Exchange of Witness Lists | July 18, 2025 |
| Exchange of Expert Witness Statements / Reports / Lay Witness Statements | August 15, 2025 |
| Exchange of Expert Reply Witness Statements / Reply Reports | September 12, 2025 |
| Meeting of Like Experts | September 26, 2025 |
| Experts’ Agreed Statement of Facts, if any | October 3, 2025 |
| Mediation to be conducted before the OLT | October 17, 2025 |
| Confirm with the Tribunal if all Reserved Hearing Dates still Required | October 31, 2025 |
| Exchange of Visual Evidence | October 31, 2025 |
| Joint Book of Documents to be filed | November 7, 2025 |
| Hearing Plan to be filed | November 14, 2025 |
| Hearing – 10 days | December 1-5, 8-12, 2025 |
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorization from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party intends to present 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.
Visual evidence includes photographs, maps, videos, models, and overlays which a party intends to present as evidence at the hearing.
A witness statement is a short, written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
Attachment #1
Parties
CLAIMANTS
1969408 ONTARIO INC. and 1500049 ONTARIO LIMITED operating as ONTARIO AUTO SALVAGE
Counsel for the Claimants:
WeirFoulds LLP 66 Wellington Street West, Suite 4100 PO Box 35, TD Bank Tower Toronto, ON M5K 1B7
Sean Foran (LSO 31047D) Tel: 416-947-5019 sforan@weirfoulds.com
Micah Goldstein (LSO 64045T) Tel: 416-947-5082 mgoldstein@weirfoulds.com
RESPONDENT
THE CORPORATION OF THE TOWN OF OAKVILLE
Counsel for the Respondent:
Strong Nenniger Law Professional Corporation D-309 Commissioners Road West London, ON N6J 1Y4
Kenneth Strong (LSO 42586U) Tel: 519-672-3535 strong@municipallawyers.ca
Attachment #2 Issues List
The issues are set out in the Notice of Arbitration and Statement of Claim of the Claimants and the Reply of the Respondent.
Attachment #3 Order of Evidence
- 1969408 Ontario Inc. and 1500049 Ontario Limited operating as Ontario Auto Salvage – Claimants
- The Town of Oakville - Respondent
- Claimants in Reply