10057428 Canada Corporation v. York (Region), 2024 CanLII 112365

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 07, 2024

CASE NO(S).: OLT-24-000705

PROCEEDING COMMENCED UNDER subsection 26(2)(a) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: 10057428 Canada Corporation

Respondent: The Regional Municipality of York

Description: Determination of compensation

Property Address: 220 Cachet Woods Court

Municipality/UT: Markham/York

OLT Case No.: OLT-24-000705

OLT Lead Case No.: OLT-24-000705

OLT Case Name: 10057428 Canada Corporation v. York (Region)

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: The Regional Municipality of York

Request for: Request for Directions

Heard: October 25, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

10057428 Canada Corporation (“10057428” or “Claimant”)

S. Rayman S. Spitz

Regional Municipality of York (“York”)

M. Grant

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON AND LYNDSY YOU ON OCTOBER 25, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This decision arises from a Case Management Conference (“CMC”) and a motion hearing held by videoconference on October 25, 2024. The motion pertained to a dispute between the Parties concerning certain provisions of two draft Procedural Orders (“PO”) submitted to the Tribunal by each Party (“Motion”). The underlying proceeding relates to claims for compensation by 10057428 arising from the expropriation by York of certain property rights involving the lands municipally known as 220 Cachet Woods Court, Markham, Ontario.

2The materials delivered by the Parties for the CMC/Motion were:

(a) Motion Record of Claimant dated October 1, 2024, comprising 167 pages;

(b) Responding Motion Record of the Regional Municipality of York dated October 7, 2024, comprising 102 pages;

(c) Notice of Arbitration and Statement of Claim dated July 12, 2024, comprising 18 pages;

(d) Factum of the Claimant dated October 16, 2024, comprising 20 pages;

(e) Book of Authorities dated October 16, 2024, comprising 201 pages; and,

(f) Factum of the Respondent dated October 22, 2024, comprising 19 pages.

MOTION ISSUES IN DISPUTE

3In their motion materials filed before the CMC, the Parties were largely in agreement about the PO except for two issues: the exchange of expert reports/witness statements and whether the Parties ought to deliver to each other their respective appraisal reports prior to examinations for discovery. Otherwise, the Parties sought a 10-day hearing to be scheduled in 2025.

4The Claimant sought to have expert reports/witness statements exchanged on the same date, followed by reply reports/witness statements afterward. York argued in its motion materials that this exchange should instead be ‘staggered’, meaning that the Claimant files its reports first, to which York would then respond. York further argued that the Claimant would then have the sole right to deliver reply reports/witness statements. Finally, York sought strict adherence to Rule 26.21 of the Tribunal’s Rules of Practice and Procedure (“Rules”), which states (below emphasis added):

“26.21 Examinations for Discovery No Tribunal order is required for examinations for discovery or documents. Appraisal reports to be relied upon by either party shall be served at least 15 days prior to examinations for discovery, unless the Tribunal orders otherwise. The Rules of Civil Procedure apply to examinations for discovery.”

5In its motion materials, the Claimant opposed the positions taken by York. It argued that expert reports/witness statements ought to be exchanged on the same date and that both Parties should and will have the right to file reply reports/witness statements.

6At the opening of the Motion/CMC, counsel for both Parties advised that they had reached a resolution of the above-noted Motion disputes. Simply put, York no longer opposed the exchange of witness statements/expert reports on the basis proposed by the Claimant and the Claimant agreed to follow the requirements of Rule 26.21 of the Rules. The Tribunal accepted this resolution.

7After discussion, the Tribunal scheduled a nine-day hearing to commence on Monday, August 25, 2025 at 10 a.m. by Video Hearing.

8Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/344779885

Access Code: 344-779-885

9Parties 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

10Persons 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: Toll-Free: 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.

11Individuals 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 hearing by video 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.

12Subsequent to the CMC, the Parties submitted a revised draft PO on consent, which reflected the above hearing details. The Tribunal made minor modifications to the draft, which is now appended to this Decision as Attachment A.

ORDER

13THE TRIBUNAL ORDERS THAT the Procedural Order appended as Attachment A shall govern the future conduct of this proceeding.

“William R. Middleton”

WILLIAM R. MIDDLETON

VICE-CHAIR

“L.P. You”

LYNDSY YOU

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 A