Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: October 25, 2024
CASE NO.: OLT-24-000924
PROCEEDING COMMENCED UNDER subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: Hossein Mostafavi Respondent: City of Toronto Subject: Land Compensation Reference Number: Plan No. AT6113468 Property Address: 37 Norton Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000924 OLT Lead Case No: OLT-24-000924 OLT Case Name: Emilio Bisceglia v. Toronto (City)
BEFORE: "S. Braun" Friday, the 25th day of October, 2024
THE TRIBUNAL ORDERS that 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 October 6, 2025 to October 17, 2025. The Tribunal has set aside 8 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
ISSUE DATE: CASE NO(S).: OLT-24-000924
PROCEEDING COMMENCED UNDER: Subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Applicant(s)/Appellant(s): Hossein Mostafavi Respondent: City of Toronto Subject: Land Compensation Property Address/Description: 37 Norton Avenue Municipality: City of Toronto Municipal File No.: OLT Case No.: OLT-24-000924 OLT File No.: OLT-24-000924 OLT Case Name: Hossein Mostafavi v. City of Toronto
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 October 6, 2025 to October 17, 2025, at 10:00 a.m. by video conference.
https://global.gotomeeting.com/join/914098901 Access Code: 914-098-901
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 into an audio-only telephone line: +1 (647) 497-9373 or 1-888-299-1889. The access code is 914-098-901.
The parties' initial estimation for the length of the hearing is eight (8) 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 Attachment 1.
The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3. 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.
The order of evidence shall be as set out in Attachment 4 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
The Claimant served and filed a Notice of Arbitration and Statement of Claim on or about September 10, 2024.
City of Toronto served and filed a Reply to the Notice of Arbitration and Statement of Claim on or about September 30, 2024.
The parties shall exchange their respective Affidavits of Documents and Productions by December 13, 2024.
Examinations for Discovery of the representative of each party shall be completed on or before January 24, 2025. The parties consent to conducting examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before, March 21, 2025.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard, in writing, by April 25, 2025, pursuant to Rule 10 of the Tribunal's Rules of Practice and Procedure, or as the Tribunal may direct.
Further answers to undertaking, questions taken under advisement, and/or refusals, further examinations for discovery, and/or further productions arising from a motion are to be answered, held, and/or provided within thirty (30) days of the Tribunal's Decision on any discovery motion brought in accordance with paragraph 15.
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 May 23, 2025, and in accordance with paragraph 31 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 June 13, 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 thirty (30) 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 21 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 21 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 21 below.
On or before July 25, 2025, 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 31 below.
Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before August 29, 2025, and in accordance with paragraph 31 below.
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.
If the parties wish to mediate, such mediation shall take place on or before July 25, 2025.
On or before thirty-five (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 ten (10) 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 31 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, in both electronic and hard copy, on or before seven (7) days prior to the start of the hearing.
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 the first day of the hearing or in advance of the start of the cross-examination of any witness at the hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before ten (10) 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, unless otherwise directed by the Tribunal. 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 hardships or illness. The Tribunal's Rule 17 shall apply to requests for adjournment.
This Member is not seized.
So orders the Tribunal.
BEFORE: Name of Member: Date:
TRIBUNAL REGISTRAR
Attachment 1
Party: Hossein Mostafavi Party Status: Claimant Counsel / Representative: BISCEGLIA & ASSOCIATES Professional Corporation 9100 Jane Street Building "A", Suite 200 Vaughan, Ontario L4K 0A4 Emilio Bisceglia (LSO #34568Q) Hana Tariq (LSO #56961R) Tel: 905.695.5200 Fax: 905.695.5201 Email: ebisceglia@lawtoronto.com htariq@lawtoronto.com
Party: City of Toronto Party Status: Respondent Counsel / Representative: CITY SOLICITOR'S OFFICE City of Toronto, Metro Hall 55 John Street, 26th Floor Toronto, ON M5V 3C6 Mark Piel (LSO #55343B) Tel.: 416-392-2124 Fax: 416-397-5624 Email: Ariel Lo-Wong (LSO# 70794B) Tel.: 416-338-6966 Fax: 416-397-5624 Email:
Attachment 2
OLT No. OLT-24-000924
ONTARIO LAND TRIBUNAL
IN THE MATTER OF AN ARBITRATION BETWEEN HOSSEIN MOSTAFAVI and CITY OF TORONTO AND IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E. 26, AS AMENDED
B E T W E E N:
HOSSEIN MOSTAFAVI Claimant -and- CITY OF TORONTO Respondent
TIMETABLE
| Task | Deliverable By |
|---|---|
| Exchange Affidavit of Documents | December 13, 2024 |
| Examinations for Discovery | January 24, 2025 |
| Appraisal Reports to be exchanged subject to direction of the Tribunal | N/A |
| Undertakings to be Answered | March 21, 2025 |
| Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled | By April 25, 2025 |
| Any further undertakings to be answered following the motion | Within 30 days of receipt of Tribunal's Order. |
| Exchange of Witness List | May 23, 2025 |
| Exchange of Witness Statements or Expert Reports | July 25, 2025 |
| Meeting(s) of Like Experts | June 13, 2025 |
| Exchange of Expert Reply Witness Statements / Reply Reports | August 29, 2025 |
| Mediation | No later than July 25, 2025 |
| Agreed Statement of Facts | On or before thirty (30) days prior to the start of the hearing |
| Request to Admit | In accordance with the Rules of Civil Procedure. |
| Confirm whether all hearing dates still required | On or before thirty-five (35) days prior to the start of the hearing |
| Arrange for Court Reporter | ASAP |
| Joint Document Book | On or before seven (7) days prior to the start of the hearing |
| Visual Evidence | On or before ten (10) days prior to the start of the hearing |
| Preparation of Hearing Plan | On or before ten (10) days prior to the start of the hearing |
| 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 | October 6 – 17, 2025 (8 days) |
Attachment 3
OLT No. OLT-24-000924
ONTARIO LAND TRIBUNAL
IN THE MATTER OF AN ARBITRATION BETWEEN HOSSEIN MOSTAFAVI and CITY OF TORONTO AND IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E. 26, AS AMENDED
B E T W E E N:
HOSSEIN MOSTAFAVI Claimant -and- CITY OF TORONTO Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties. a. Notice of Arbitration and Statement of Claim dated September 10, 2024. b. Reply to the Notice of Arbitration and Statement of Claim dated September 30, 2024.
Attachment 4
OLT No. OLT-24-000924
ONTARIO LAND TRIBUNAL
IN THE MATTER OF AN ARBITRATION BETWEEN HOSSEIN MOSTAFAVI and CITY OF TORONTO AND IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E. 26, AS AMENDED
B E T W E E N:
HOSSEIN MOSTAFAVI Claimant -and- CITY OF TORONTO Respondent
ORDER OF EVIDENCE
- Claimant evidence in-chief
- Claimant evidence in cross-examination
- City of Toronto evidence in-chief
- City of Toronto evidence in cross-examination
- Claimant evidence in Reply, if necessary