ISSUE DATE:
January 12, 2024
CASE NO.:
OLT -23-000584
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Applicant(s)/Appellant(s): Subject:
Property Address/Description: Municipality:
OLT Case No.: OLT File No.: OLT Case Name:
BEFORE:
Garth Stephen and Allison Anne Nelson Land Compensation
618 Bridge Street E Woolwich, Waterloo OLT -23-000584
OLT -23-000584
Nelson v Ontario (Ministry of Transportation)
Friday, 12th
WILLIAM MIDDLETON VICE-CHAIR
day of January, 2024
THIS MATTER having been scheduled for a Case Management Conference on January 12, 2024;
AND THE TRIBUNAL having been advised of the consent of the Parties to a revised hearing date of October 28, 2024 and having received a proposed revised Procedural Order, on consent, from the Parties;
THE TRIBUNAL ORDERS that the Procedural Order appended hereto as Attachment 1 shall now govern the conduct of this proceeding..
“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
ATTACHMENT 1
ISSUE DATE:
CASE NO(S).: OLT-23-000584
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Applicant(s)/Appellant(s): Garth Stephen and Allison Anne Nelson Subject: Land Compensation
Property Address/Description: 618 Bridge Street E Municipality: Woolwich, Waterloo Municipal File No.:
OLT Case No.: OLT -23-000584
OLT File No.: OLT -23-000584
OLT Case Name: Nelson v Ontario (Ministry of Transportation)
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 hearing will begin on October 28, 2024 at 10:00 a.m. at the Ontario Land Tribunal 655 Bay Street,16th Floor Toronto, Ontario or by videoconference at:
https://global.gotomeeting.com/join/914098901
+1 (647) 497-9373 or Toll Free 1-888-299-1889
ACCESS CODE: 914-098-901
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 identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. 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 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 intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. 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 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 Claimant served and filed a Notice of Arbitration and Statement of Claim on or about June 27, 2023.
The Respondent served and filed a Reply on or about November 15, 2023.
The parties shall exchange their respective Affidavits of Documents and Productions by January 26, 2024. The Respondent will produce in its Affidavit of Documents: (1) a copy of any existing plans relating to the project in its Schedule “A” productions; and
(2) documentation providing the Respondent’s assurances that access will be restored to the Nelson Property. The Respondent agrees that for the purposes of this proceeding, it will only rely on the documents and plans referenced in this paragraph.
Examinations for Discovery of the representative of each party shall be completed on or before July 9, 2024. 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 August 20, 2024.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard in writing only with materials submitted by September 10, 2024 or by videoconference at the direction of the Tribunal.
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 discovery motion before the Tribunal.
A party who intends to call witnesses, whether on 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 fifty-five (55) days prior to the start of the hearing and in accordance with paragraph 29 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 15, 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 at least fifteen (15) 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 20 above. 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 20 above. 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 20 above.
On or before June 15, 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 29 below.
On or before fifty-five (55) 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 thirty (30) 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 29 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 expert reports, on or before August 1, 2024 and in accordance with paragraph 29 below.
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, ten (10) days prior to the start 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.
On or by May 3, 2024 the parties shall discuss whether a request should be made for mediation of this matter. If the parties wish to proceed with mediation, a request for mediation shall be submitted to the Tribunal on or by May 10, 2024. The Tribunal will conduct a pre-hearing conference if and as requested by the Parties on a date to be scheduled by the Tribunal.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 30 (30) days before 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, 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 hardship or illness. The Tribunal’s Rule 17 applies to such requests.
TRIBUNAL REGISTRAR
Attachment 1
Party
Party Status
Counsel / Representative
Garth Stephen and Allison Anne Nelson
Claimants
Rayman Harris LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5A 1J2 Shane Rayman (LSO #44649V) T: 416.597.5406 shane@raymanharris.com Sarah Spitz (LSO #75279G) T: 416.306.8705 sarah@raymanharris.com
His Majesty the King in Right of Ontario as represented by the Minister of Transportation
Respondent
Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, ON M7A 2S9 Robert Lawson (LSO # 40910B) Tel: 647-467-7763 robert.b.lawson@ontario.ca
Attachment 2
OLT-23-000584
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:
GARTH STEPHEN NELSON & ALLISON ANNE NELSON
- and -
Claimants
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION
Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties.
Attachment 3
OLT-23-000584
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:
GARTH STEPHEN NELSON & ALLISON ANNE NELSON
- and -
Claimants
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION
Respondent
ORDER OF EVIDENCE
Garth Stephen Nelson & Allison Anne Nelson
His Majesty the King in Right of Ontario as represented by The Minister of Transportation
Garth Stephen Nelson & Allison Anne Nelson, in Reply