Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 25, 2024
CASE NO(S).: OLT-22-002723
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Tricorp Holdings Ltd.
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 9 Allaura Boulevard
Municipality/UT: Town of Aurora/ Regional Municipality of York
OLT Case No.: OLT-22-002723
Legacy Case No.: LC210018
OLT Lead Case No.: OLT-22-002723
Legacy Lead Case No.: LC210018
OLT Case Name: Tricorp Holdings Ltd. v. York (Regional Municipality)
Heard: March 6, 2024 by Video Hearing
APPEARANCES:
Counsel
Tricorp Holdings Ltd.
Guillaume Lavictoire Doron Lurie
Metrolinx
Jessica Karban Christel Higgs (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON MARCH 6 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the proceeding commenced under subsection 26(b) of the Expropriations Act by the Claimant, Tricorp Holdings Ltd. The claim relates to the expropriation by the Respondent, Metrolinx, of a portion of the lands owned by the Claimant located at 9 Allaura Boulevard in the Town of Aurora and includes damages for the market value of the expropriated land, injurious affection, disturbance damages, interest, and costs.
2The Claimant served and filed the Notice of Arbitration and Statement of Claim on March 18, 2021, and Metrolinx served and filed its Reply on April 7, 2021. While both Parties acknowledged that communication between them had been minimal to date, they were willing to take steps to move this matter forward and agreed to participate in Tribunal-led mediation. The Parties agreed that a mediation date in August 2024 would provide time to prepare the required reports and that they would be reaching out to the Case Coordinator to make the necessary arrangements.
3To provide sufficient runway to prepare for a hearing, if mediation proves unsuccessful, hearing dates in 2025 were requested. The Parties both submitted draft Procedural Orders in advance of the CMC, and after some discussion, it was agreed that a ten-day hearing would be required. The Tribunal scheduled hearing dates with the understanding that the finalized Procedural Order (“PO”) would be finalized on consent and forwarded to the Tribunal on or before March 18, 2024. The Tribunal received the PO in a timely manner.
HEARING DATES
4The hearing is scheduled a ten-day video hearing event hearing commencing on Monday, June 16, 2025 at 10 a.m.
5Parties and Participants 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:
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
6Parties and participants 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
7Persons 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.
8Individuals 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.
ORDER
9The Tribunal Orders as follows:
a) A hearing is scheduled to take place, commencing on Monday, June 16, 2025 at 10 a.m. by video and will continue for ten days.
b) The Procedural Order attached as Schedule “A” to this Order is approved and shall govern these proceedings.
10The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
11No further notice is required or will be given.
“G.A. Croser”
G.A. CROSER
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.
ISSUE DATE: CASE NO(S).: OLT-22-002723
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): Tricorp Holdings Ltd.
Subject: Land Compensation
Property Address/Description: 9 Allaura Boulevard
Municipality: Town of Aurora, Regional Municipality of York
Municipal File No.:
OLT Case No.: OLT-22-002723
OLT File No.: OLT-22-002723
OLT Case Name: Tricorp Holdings Ltd. v. Metrolinx
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 virtual hearing will begin on June 16, 2025 at 10:00 a.m.
https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
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 procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3. 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 4 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 March 18, 2021.
Metrolinx served and filed a Reply on or about April 7, 2021.
The parties shall exchange their respective Affidavits of Documents and Productions by Monday, September 30, 2024.
Examinations for Discovery of the representative of each party shall be completed on or before Tuesday, December 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 Friday, February 14, 2025.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard, in writing, by Friday, March 7, 2025, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.
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 Tribunal’s Decision on any discovery motion brought in accordance with paragraph 15.
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 Tuesday, March 18, 2025, 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 Wednesday, May 7, 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 Tuesday, May 27, 2025.
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 21 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 22 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 21 below.
On or before Thursday, April 17, 2025, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 31 below.
Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before Friday, May 16, 2025, and in accordance with paragraph 31 below.
Parties may request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply on or before Monday, June 2, 2025 and in accordance with paragraph 31 below.
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 before Thursday, April 17, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Friday, June 6, 2025, the parties shall provide copies of their visual evidence to all of the other parties 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.
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, on or before Monday, June 9, 2025.
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 or in advance of the start of the cross-examination of any witness at the hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Thursday, April 17, 2025 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, 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.
The Tribunal’s Rule 17 shall apply to requests for adjournment.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1
| Party | Party Status | Counsel / Representative |
|---|---|---|
| Tricorp Holdings Limited | Claimant | SCARGALL OWEN-KING LLP 17 Leader Lane Toronto, Ontario M5E 1L8 Guillaume Lavictoire (LSO #57173C) T: 416.869.5407 F: 416.869.2201 guillaume.lavictoire@sokllp.com Doron Lurie (LSO #770550H) T: 416.869.2205 doron.lurie@sokllp.com |
| Metrolinx | Respondent | M&H LLP 61A Jarvis Street, Suite 200 Toronto, Ontario M5C 2H2 Christel Higgs (LSO #53408T) T: (416) 947-6701 F: (416) 947-6703 christel@mhlawyers.ca Jessica Karban (LSO #75541D) T: (416) 947-6700 ext. 211 F: (416) 947-6703 jessica@mhlawyers.ca |
Attachment 2
OLT File No: OLT-22-002723
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:
TRICORP HOLDINGS LIMITED
Claimant
- and -
METROLINX
Respondent
TIMETABLE
| Task | Deliverable By |
|---|---|
| Exchange Affidavit of Documents | September 30, 2024 |
| Examinations for Discovery | December 31, 2024 |
| Appraisal Reports to be exchanged subject to direction of the Tribunal | n/a |
| Undertakings to be Answered | February 14, 2025 |
| Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled | March 7, 2025 |
| Any further undertakings to be answered following the motion | Within 30 days of receipt of Tribunal’s Order. |
| Exchange of Witness List | March 18, 2025 |
| Exchange of Witness Statements or Expert Reports | April 17, 2025 |
| Exchange of Expert Reply Witness Statements / Reply Reports | May 16, 2025 |
| Meeting(s) of Like Experts | May 7, 2025 |
| Sur-Reply | June 2, 2025 |
| Agreed Statement of Facts | May 27, 2025 |
| Request to Admit | In accordance with the Rules of Civil Procedure. |
| Confirm whether all hearing dates still required | April 17, 2025 |
| Arrange for Court Reporter | ASAP |
| Joint Document Book | June 9, 2025 |
| Visual Evidence | June 6, 2025 |
| Preparation of Hearing Plan | April 17, 2025 |
| Documents to be used in cross-examination | To be provided on or before the first day of the hearing or in advance of the start of cross-examination |
| Hearing | June 16-27, 2025 |
Attachment 3
OLT File No: OLT-22-002723
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:
TRICORP HOLDINGS LIMITED
Claimant
- and -
METROLINX
Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties.
a. Notice of Arbitration and Statement of Claim, dated March 18, 2021.
b. Reply, dated April 7, 2021.
Attachment 4
OLT File No: OLT-22-002723
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:
TRICORP HOLDINGS LIMITED
Claimant
- and -
METROLINX
Respondent
ORDER OF EVIDENCE
Claimant evidence in-chief
Claimant evidence in cross-examination
Metrolinx evidence in-chief
Metrolinx evidence in cross-examination
Claimant evidence in Reply, if necessary