Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 21, 2024
CASE NO(S).: OLT-23-000849
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.
Claimant: Craigholme Estates Ltd.
Respondent: Thames Valley District School Board
Description: Determination of Compensation
Property Address: 207 Seventh Avenue
Municipality/UT: Municipality of Central Elgin
OLT Case No.: OLT-23-000849
OLT Lead Case No.: OLT-23-000849
OLT Case Name: Craigholme Estates Ltd. v. Thames Valley District School Board
Heard: November 8, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Craigholme Estates Ltd. | Paul Ledroit |
| Thames Valley District School Board | Ken Strong |
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH ON NOVEMBER 8, 2024 AND ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) before the Tribunal with respect to a Notice of Arbitration filed by Craigholme Estate Ltd. (“Claimant”) seeking damages in compensation for the Expropriation by Thames Valley District School Board (“Respondent”), of the lands municipally known as 207 Seventh Avenue, Community of Belmont, Central Elgin, Ontario (“Subject Property”). The Subject Property was Expropriated pursuant to Part 1 of Expropriation Plan ER 1519770 that was registered on April 6, 2023.
2The purpose of the CMC was to receive a status update from the Parties and to organize the Hearing of the Arbitration.
3Counsel for the Respondent takes the position that the Claimant’s Notice of Arbitration is not fully particularized. Specifically, the Respondent takes issue with paragraph 11 of the Claimant’s Notice of Arbitration respecting the words “not less than” which it states is ambiguous in setting out a damages amount; 12(b) in respect of the particulars of the disturbance damages claimed; 12(c) in respect of the executive time claimed; and 12(d) respecting the legal, expert and professional expenses claimed.
4The Respondent stated that pursuant to Rule 26.11, the Claimant must amend its pleading to include full particulars of its damages claimed, including, the specific amounts claimed, the basis upon which the amounts are calculated, and the facts in support of each element of compensation claimed – which the Respondent states has not been done. Without this information, the Respondent states it does not know the case that it must meet and therefore suggested that the Tribunal endorse a Timetable for the amendment of pleadings with a second CMC to be scheduled in March 2025 for the purpose of organizing the balance of the Timetable and Hearing of the matter.
5While Counsel for the Claimant takes the position that its pleading is sufficiently particularized for the purposes of setting out the grounds and basis for its claims, the Claimant was not opposed to working with Counsel for the Respondent to particularize the damages claims, which he anticipated being in a position to provide no later than the end of January, 2025. Claimant’s Counsel advised he would provide all documents in support of the claims by way of its Affidavit of Documents, and was agreeable to amending its Notice of Arbitration for the purpose of providing the particulars sought. Counsel for the Claimant was concerned that a focus on the damage particulars was a matter of technicality which would cause unnecessary delay, and was seeking to set dates for a Hearing as early as possible.
6In light of the Claimant’s cooperation and agreement to providing the Particulars sought, the Tribunal did not agree that a second CMC was required. Rather, the Tribunal directed that a Timetable could adequately deal with deadlines for an amendment of the Pleadings as well as any disagreement arising therefrom, including a Motion for further and better particulars or a striking of pleadings, which was directed to be brought in writing, if necessary, as set out as follows:
| STEP IN THE PROCEEDING | DEADLINE |
|---|---|
| Claimant to deliver and file its Amended Notice of Arbitration | Friday, January 31, 2025 |
| Respondent to deliver and file its Amended Reply to the Notice of Arbitration | Friday, February 28, 2025 |
| Written Motion(s) dealing with any issues arising from the Amended Pleadings, the particulars sought, and/or a striking of portions of the Pleadings to be delivered and filed | Monday, March 31, 2025 |
| Affidavits of Documents together with Production Briefs of the Documents to be exchanged by All Parties | Monday, June 30, 2025 |
| Discoveries to be completed by All Parties | Friday, August 29, 2025 |
| Written Motion(s) dealing with any issues arising from Discoveries, including for Undertakings and Refusals, to be delivered and filed | Friday, November 21, 2025 |
7With the Tribunal’s direction on the Timetable as set out above, the Parties estimated the Hearing would require a total of between 13-to-15-days.
8Accordingly, a 14-day Hearing has been scheduled to proceed by Video Hearing on Monday, February 2, 2026, at 10 a.m. through to Friday, February 20, 2026. The Tribunal will not be sitting on Monday, February 16, 2026.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
9Individuals 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.
10Individuals 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 (647) 497-9373. The access code is as indicated in paragraph [8], 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 Tribunal received a Procedural Order mutually agreed upon and filed by the Parties which shall govern the Hearing and is appended hereto as Attachment 1.
13This Member is not seized.
14There will be no further notice.
“N. Eisazadeh”
n. eisazadeh
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
Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: CASE NO(S).: OLT-23-000849
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.
Claimant: Craigholme Estates Ltd.
Respondent: Thames Valley District School Board
Subject: Determination of compensation
Property Address: 207 Seventh Avenue
Municipality/UT: Municipality of Central Elgin/Elgin
OLT Case No: OLT-23-000849
OLT Lead Case No: OLT-23-000849
OLT Case Name: Craigholme Estates Ltd. v. Thames Valley District School Board
PROCEDURAL ORDER OF THE TRIBUNAL
- 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 February 2, 2026, at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is fourteen (14) 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 Claimant’s Notice of Arbitration and Statement of Claim was filed with the Tribunal on or about August 31, 2023 and the Respondent’s Reply was filed with the Tribunal on or about September 15, 2023. On or before January 31, 2025, the Claimant will amend its Notice of Arbitration and Statement of Claim. On or before February 28, 2025, the Respondent may amend its Reply. On or before March 9, 2025, the Parties will advise the Tribunal whether a motions date is required to consider amendments to pleadings. The issues are set out in the Claimant’s Notice of Arbitration and Statement of Claim and the Respondent’s Reply, both as may be amended as set out above, attached as Attachment 2. Other than the amendments contemplated above, 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 June 30, 2025.
(b) Appraisal Reports to be relied on by either party shall be served pursuant to Rule 26.21 on or before July 25, 2025.
(c) Examinations for discovery shall be completed by both parties on or before August 29, 2025.
(d) Undertakings of both parties shall be completed on or before October 31, 2025.
(e) Motions arising from examinations and answers to undertakings shall be scheduled on or before November 21, 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 January 9, 2026.
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 November 14, 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 January 9, 2026 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 January 16, 2026.
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 December 5, 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 December 19, 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 January 9, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before January 16, 2026, 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 January 16, 2026.
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 January 16, 2026 (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 |
|---|---|
| Statement of Claim | August 31, 2023 |
| Reply | September 15, 2023 |
| Claimant’s amendments to Claim | January 31, 2025 |
| Respondent’s amendments to Reply, if any | February 28, 2025 |
| Advise Tribunal whether CMC or Motions date required | March 9, 2025 |
| Exchange of Affidavit of Documents | June 30, 2025 |
| Appraisal Reports to be Relied on by Either Party served pursuant to Rule 26.21 | July 25, 2025 |
| Completion of Examinations for Discovery | August 30, 2025 |
| Undertakings to be answered | October 31, 2025 |
| Motions arising from Examinations or Undertakings to be Scheduled | November 21, 2025 |
| Exchange of Witness Lists | November 28, 2025 |
| Exchange of Expert Witness Statements / Reports / Lay Witness Statements | December 5, 2025 |
| Exchange of Expert Reply Witness Statements / Reply Reports | December 19, 2025 |
| Meeting of Like Experts | January 9, 2026 |
| Experts’ Agreed Statement of Facts, if any | January 16, 2026 |
| Mediation to be conducted before the OLT | January 9, 2026 |
| Confirm with the Tribunal if all Reserved Hearing Dates still Required | January 9, 2026 |
| Exchange of Visual Evidence | January 16, 2026 |
| Joint Book of Documents to be filed | January 16, 2026 |
| Hearing Plan to be filed | January 16, 2026 |
| Hearing – 14 days | February 2-6, 2026 February 9-13, 2026 February 17-20, 2026 |
Attachment 1
| Party | Party Status | Counsel / Representative |
|---|---|---|
| Craigholme Estates Ltd. | Claimant | Ledroit SABO 46 Ridout Street South London, ON N6C 3W6 Paul Ledroit (LSO #12470Q) T: 519-432-9051 x 200 pledroit@ledroitsabo.com Ondrej Sabo (LSO #62737R) T: 519-432-9051 x 201 osabo@ledroitsabo.com |
| Thames Valley District School Board | Respondent | Strong Nenniger Professional Corporation Unit D, 309 Commissioners Road West London, ON N6J 1Y4 Kenneth Strong (LSO # 42586U) Tel: 519-672-3535 strong@municipallawyers.ca Kelly Nenniger (LSO # 63792M) Tel: 519-672-3535 nenniger@municipallawyers.ca |
Attachment 2
OLT Case Number: OLT-23-000849
IN THE MATTER OF THE Expropriations Act and IN THE MATTER OF an arbitration
BETWEEN
CRAIGHOLME ESTATES LTD. Claimant
-and-
THAMES VALLEY DISTRICT SCHOOL BOARD Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties, as may be amended as contemplated by section 5 of the Procedural Order.
Attachment 3
OLT Case Number: OLT-23-000849
IN THE MATTER OF THE Expropriations Act and IN THE MATTER OF an arbitration
BETWEEN
CRAIGHOLME ESTATES LTD. Claimant
-and-
THAMES VALLEY DISTRICT SCHOOL BOARD Respondent
ORDER OF EVIDENCE
- Craigholme Estates Ltd.
- Thames Valley District School Board
- Craigholme Estates Ltd., in Reply