January 26, 2024

OLT-22-002720 (formerly LC210009)

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant:

Monashee Holdings Ltd. and Timeoso Inc.

Respondent:

Regional Municipality of York

Description:

Determination of compensation

Property Address

20 Davis Drive

Municipality/UT:

Town of Newmarket/ Regional Municipality of York

OLT Case No.:

OLT-22-002720

Legacy Case No.:

LC210009

OLT Lead Case No.:

OLT-22-002720

Legacy Lead Case No.:

LC210009

OLT Case Name:

Monashee Holdings Ltd. v. York (Regional Municipality)

BEFORE:

Friday, the 26th day of

January, 2024

THE TRIBUNAL ORDERS that the Procedural Order appended as Attachment “A” hereto shall govern the procedures leading up and including the hearing of this proceeding.

“Euken Lui”

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.

ATTACHMENT “A”

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, November 4, 2024 at 10:00 a.m. by videoconference to proceed as follows:

GO-TO Meeting: https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
Audio-only telephone line: 1-888-299-1889 (Toll Free) or +1 (647) 497-9373
Audio-only access code: 344-779-885

The parties’ initial estimation for the length of the hearing is five (5) 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 are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2
The order of evidence shall be provided at least seven (7) days prior to the start of the hearing. 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 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.
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 parties acknowledge that Affidavits of Documents (together with production briefs of the documents) have been exchanged.
In the event that the parties seek a confidentiality order regarding certain documents and evidence regarding the Claimant’s lease arrangements with Loblaw Properties Ltd. or otherwise, they shall commence a motion in writing to seek the approval of the Tribunal.
All undertakings provided at the Examination for Discovery of the parties shall be answered on or before Thursday, December 21, 2023.
Any further Examinations for Discovery shall be completed on or before Thursday, February 29, 2024.
Any additional answers to undertakings (if necessary) shall be answered on or before Friday, March 29, 2024.
Any motion(s) arising out of the Examinations for Discovery shall be filed in writing on or before Thursday, May 16, 2024. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process.
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 Friday, June 14, 2024, 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 Friday, July 12, 2024 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 Friday, August 9, 2024.

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 19 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 19 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 19 below.
On or before Friday, June 14, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 31 below.
The parties shall provide copies of their visual evidence to all the other parties at least seven (7) days prior to the start of the hearing and 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence, including reply reports, by Friday, August 30, 2024, the evidence is received and in accordance with paragraph 31 below.
The parties agree to attend a pre-hearing conference and mediation assessment before the Tribunal on Monday, September 16, 2024 and use best efforts to try to resolve or reduce the issues for the hearing.
On or before Tuesday, October 1, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The parties shall cooperate to prepare a joint document book and also each shall file books of witness statements which shall be shared with the OLT case co-ordinator at least ten (10) 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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal at least seven (7) 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 during the hearing.
All filings shall be submitted electronically and 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.
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.

TRIBUNAL REGISTRAR

Attachment 1

Party

Party Status

Counsel / Representative

Monashee Holdings Ltd. & Timeoso Inc.

Claimant

RAYMAN HARRIS LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5B 1J2

Conner Harris (LSO #66645E) T: 416.597.5422 F: 437.222.9001 conner@raymanharris.com

Brynn Leger (LSO #77713P) T: 437.222.9003 brynn@raymanharris.com

The Regional Municipality of York

Respondent

SCARGALL OWEN-KING LLP 17 Leader Lane Toronto, ON M5E 1L8

Matthew Owen-King (LSO #52344K) Tel: 416.597.5421 Fax: 416.869.2201 matthew.owen-king@sokllp.com

Irene Wong (LSO #77530M) Tel: 416.597.5404 Fax: 416.869.2201 irene.wong@sokllp.com

Attachment 2

OLT File No. LC210009

ONTARIO LAND TRIBUNAL

IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E.26, and in the

matter of an Arbitration

B E T W E E N:

MONASHEE HOLDINGS LTD. & TIMEOSO INC.