Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 21, 2024
CASE NO.: OLT-22-002682 (Formerly PL120026)
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Claimants: Bruce Paciorka and Paciorka Leaseholds Limited
Subject: Land Compensation
Property Address/Description: Lots 96, 99, and 101, Plan 998, City of Windsor; Lot 763, Plan 904, City of Windsor All lots on Plans 904, 911 and 988, City of Windsor 4917, 4921, 4925 and 4929 Malden Road
Municipality: City of Windsor
OLT Case No.: OLT-22-002682
OLT File No.: OLT-22-002682
Legacy Case No.: LC120026
OLT Case Name: Paciorka v HMK in right of Ontario (Minister of Transportation)
BEFORE:
M. A. SILLS VICE-CHAIR
Thursday, the 21st day of March, 2024
THE TRIBUNAL ORDERS 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 June 15, 2025. The Tribunal has set aside 10 days 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.
ISSUE DATE: CASE NO(S).: OLT-22-002682 Legacy Case No.: LC120026
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Claimants: Bruce Paciorka and Paciorka Leaseholds Limited
Subject: Land Compensation
Property Address/Description: Lots 96, 99, and 101, Plan 998, City of Windsor; Lot 763, Plan 904, City of Windsor All lots on Plans 904, 911 and 988, City of Windsor 4917, 4921, 4925 and 4929 Malden Road
Municipality: City of Windsor
OLT Case No.: OLT-22-002682
OLT File No.: OLT-22-002682
Legacy Case No.: LC120026
OLT Case Name: Paciorka v HMK in right of Ontario (Minister of Transportation)
- 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 June 16, 2025 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
ACCESS CODE: 914-098-901
+1 (647) 497-9373 or Toll Free 1-888-299-1889
The parties’ initial estimation for the length of the hearing is TEN (10) 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 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 Claimant delivered a Statement of Claim on or about July 6, 2012.
The Respondent delivered a Reply on or about February 21, 2013.
The parties shall exchange their respective Affidavits of Documents and Productions by April 30, 2024.
Examinations for Discovery of the representative of each party shall be completed on or before October 31, 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 December 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 January 22, 2025.
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 fifty-five (55) days prior to the start of the hearing and in accordance with paragraph 30 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 April 15, 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 at least fifteen (60) 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 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 20 below.
On or before February 2, 2025 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 30 below.
On or before February 2, 2025 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 30 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 30 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 April 1, 2025 and in accordance with paragraph 30 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator, in both hard and electronic copy, ten (10)days prior to the start of the hearing. The parties shall cooperate to prepare an agreement as to the authenticity and admissibility of documents and shall identify any documents or records subject to dispute as to authenticity or admissibility at least 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 December 1, 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 December 15, 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 thirty (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 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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Summary of Deadlines
Exchange Affidavits of Documents April 30, 2024
Complete Examinations for Discovery October 31, 2024
Discussion Request for Mediation December 1, 2024
Request Mediation from Tribunal December 15, 2024
Answers to Undertakings December 20, 2024
Discovery Motions to be Filed January 22, 2025
Expert and Fact Witness Statements (includes expert reports) February 2, 2025
Participant Statements February 2, 2025
Response to Written Evidence April 1, 2025
Meeting of Experts April 15, 2025
Agreed Statement of Facts 60 days before the start of the hearing (April 17, 2025)
List of Witnesses 55 days before the start of the hearing (April 22, 2025)
Confirmation of Hearing Dates 55 days before the start of the hearing (April 22, 2025)
File Visual Aids and Visual Evidence 30 days before the start of the hearing (May 17, 2025)
File Preliminary Hearing Plan 30 days before the start of the hearing (May 17, 2025)
Joint Document Book (and Agreement as to Admissibility and Authenticity) 10 days before the start of the hearing (June 6, 2025)
Hearing Date – 10 day Hearing (Estimated) June 16, 2025
Attachment 1
Party
Party Status
Counsel / Representative
Bruce Paciorka and Paciorka Leaseholds Limited
Claimants
Rayman Harris LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5A 1J2 Conner Harris (LSO #66645E) T : 416.597.5422 conner@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
Attorney General for Ontario Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, ON M7A 2S9 Antonin Pribetic (LSO #34843S) Tel: 437.488.5183 antonin.pribetic@ontario.ca
Adam Mortimer (LSO #75618G) Tel: 416.326.4008 adam.mortimer@ontario.ca
Mohamed Salama (LSO #88151I) Tel: 416.312.0934 mohamed.salama@ontario.ca
Attachment 2
OLT-22-000682
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:
BRUCE PACIORKA and PACIORKA LEASEHOLDS LIMITED
Claimants
- and -
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-22-000682
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:
BRUCE PACIORKA and PACIORKA LEASEHOLDS LIMITED
Claimants
- and -
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION
Respondent
ORDER OF EVIDENCE
Bruce Paciorka and Paciorka Leaseholds Limited
His Majesty the King in Right of Ontario as represented by The Minister of Transportation
Bruce Paciorka and Paciorka Leaseholds Limited, in Reply