Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 10, 2024
CASE NO(S).: OLT-22-003834
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: John David Pierson and Andrea Emily Pierson
Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario
Description: Determination of compensation
Property Address: 21725 Leslie Street
Municipality/UT: Town of East Gwillimbury/ Regional Municipality of York
OLT Case No.: OLT-22-003834
Legacy Lead Case No.: OLT-22-003834
OLT Case Name: Pierson v. Ontario (Ministry of Transportation)
Heard: December 15, 2023 by Video Hearing and February 27, 2024 and March 6, 2024 in writing
APPEARANCES:
Parties
Counsel
John David Pierson and Andrea Emily Pierson (“Claimants”)
Andrew Baker
His Majesty King in Right of the Province of Ontario (Ministry of Transportation)
Robert Lawson
DECISION DELIVERED BY ROBERT G. ACKERMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for Compensation (“Claim”) under the Expropriations Act, R.S.O. 1990, c. E. 26 (“Act”). The CMC was scheduled, at the request of Counsel for the Claimants, for the purposes of establishing the terms of a Procedural Order (“PO”) and to schedule a date for the Hearing on the Merits. The Claim is brought by John David Pierson and Andrea Emily Pierson, against the Respondent, His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario (“MTO”). The Claim arises out of the Expropriation of a 13.92-acre portion of the Claimants’ agricultural property located at 21725 Leslie Street, in the Town of East Gwillimbury, which was improved with an equestrian farm and facilities (“Subject Property”). The purpose of the Expropriation was to facilitate the construction and alignment of Highway 404 and for the construction of an associated storm water management pond (the “Works”).
PROCEDURAL ORDER
2Counsel for the Claimants, Andrew Baker, advised the Tribunal that he had circulated a draft PO to Counsel for the Respondent and to the Tribunal’s Case Coordinator. Counsel for the Respondent, Robert Lawson, advised the Tribunal that he did not yet have instructions to consent to the provisions of the draft PO. The Tribunal reviewed the draft PO, which included as Attachments: a List of Parties, Procedural Timelines and Issues List, and provided directions to Counsel respecting the re-drafting of certain of its provisions. Counsel advised the Tribunal that they were prepared to set a date for a Hearing on the Merits, for which five-days would be required. Mr. Baker undertook to revise and resubmit the draft PO to provide for specific timeline dates once the Hearing date was set and to include the provisions directed by the Tribunal. Mr. Lawson undertook to seek his client’s instructions to consent to the revised draft PO. With respect to Mediation and the prospects of settlement, the Tribunal was advised that Counsel intended to cooperate to reduce the length of the Hearing by eliminating redundant evidence and would be attempting to reach settlements on issues where possible. The Tribunal directed the Parties, pursuant to Rule 26.6 of the Tribunal’s Rules of Practice and Procedure (“Tribunal’s Rules”), to confer to discuss participating in a Mediation for the purpose of resolving all or part of the Claim. The Tribunal also directed Counsel to have regard for, and to comply with the provisions of Rule 26.7 of the Tribunal’s Rules.
3Following the consultation respecting the Tribunal’s calendar and the availability of the Parties, counsel and witnesses, a five-day Hearing on the Merits by video to determine the compensation was agreed upon, commencing on Monday, October 7, 2024, and concluding on Friday, October 11, 2024.
4The Tribunal has subsequently received from Mr. Baker and has reviewed the revised draft of the PO, Issues List and Order of Evidence. The provisions directed by the Tribunal, the fixed dates for the Hearing on the Merits to determine the compensation and for the Pre-hearing timeline, are now provided in the PO appended to this Decision, and the coordinates for the Hearing are set out below in this Decision. The Tribunal has also been advised by Mr. Lawson that the MTO consents to the revised draft PO and its attachments.
5Appended to this Decision as Schedule 1 is the PO, which will now govern all further Pre-hearing procedural requirements and the Hearing to determine the compensation.
6Appended to this Decision as Attachment 1, Attachment 2 and Attachment 3, are the List of Parties, the Timetable and the Issues List, which shall govern the conduct of the Hearing to determine the compensation.
HEARING – October 7 – October 11, 2024
7For the five-day video hearing, commencing at 10 a.m. on Monday, October 7, 2024, and continuing to Friday, October 11, 2024, the Parties 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:
https://meet.goto.com/348282861
Access code: 348-282-861
8Parties, witnesses and observers 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
9Persons 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: (647) 497-9373 or (Toll-Free) 1 (888) 299-1889. The access code is as provided above.
10Individuals 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
11THE TRIBUNAL ORDERS THAT the Procedural Order appended as Schedule 1 to this Decision shall govern the conduct of this proceeding.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
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.
SCHEDULE 1
CASE NO(S).: OLT-23-003834
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended
Claimant:
John David Pierson and Andrea Emily Pierson
Respondent:
Ministry of Transportation (Ontario)
Description:
Determination of compensation
Property Address/Description:
21725 Leslie Street
Municipality/UT:
Town of East Gwillimbury/Regional Municipality of York
OLT Case No.:
OLT-22-003834
OLT Lead Case No.:
OLT-23-003834
OLT Case Name:
Pierson v. His Majesty the King (“HMK”) in right of the Province of Ontario (Minister of Transportation)
JOHN DAVID PIERSON and ANDREA EMILY PIERSON
Claimants
- and -
HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO
Respondent
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 October 7, 2024 at 10:00AM as directed by the Tribunal in the Decision issued following the Case Management Conference (CMC). The Parties may request an in-person or hybrid hearing by contacting the Case Coordinator.
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 identified at the CMC 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 provided on or before 7 days before the hearing in accordance with paragraph 31. 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.
All parties, counsel and witnesses, are expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Pleadings
The Claimants served and filed a Notice of Arbitration and Statement of Claim on May 20, 2022.
The Respondent served and filed its Reply on November 11, 2022.
Discovery
The parties have exchanged their respective Affidavits of Documents and Productions on or before October 30, 2023.
The parties shall exchange drafts of their appraisal reports on or before April 30, 2024 unless the Tribunal orders otherwise as provided in the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.21. Examinations for discovery of the representative of each party shall be completed on or before May 31, 2024.
All undertakings provided at the Examination for Discovery of the parties shall be answered on or before June 15, 2024.
Any motion(s) arising out of the Examinations for Discovery shall be filed with the Tribunal on or before June 28, 2024 and shall be heard on a date and time to be determined by the Tribunal, if necessary. The OLT Rules apply in relation to any Motion(s) arising out of the discovery process. Should the parties agree that a motion day is not required, the parties agree to advise the Tribunal as soon as possible.
Further answers to undertakings, 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.
Mediation
The parties are directed pursuant to Rule 26.6 to confer to discuss participating in a mediation for the purpose of resolving all or part of the claim and the parties shall comply with the provisions of Rule 26.7.
The parties agree that, if participation in a mediation is agreed to by both parties, the parties are to file with the Registrar an Expropriation Mediation Request Form pursuant to Rule 26.5 on or before August 5, 2024.
If the parties agree to a mediation, the mediation shall take place on or before September 6, 2024.
Evidence
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 ninety (90) days before the first day of the Hearing being July 9, 2024.
Expert witnesses in the same field shall have a meeting on or before September 6, 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 September 6, 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 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. The 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 and a signed Acknowledgement of Expert’s Duty.
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 22 below.
On or before July 15, 2024, the parties shall provide copies of their respective expert witness reports and non-expert/lay witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 34 below and subject to paragraph 12 above.
Parties may provide to all other parties and the OLT case co-ordinator a written response or reply to any written evidence on or before September 2, 2024 and in accordance with paragraph 34 below.
Requirements Prior to the Hearing
On or before 60 days prior to the start of the hearing being August 8, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 60 days prior to the start of the hearing being August 8, 2024 the parties shall provide the Tribunal with their preliminary hearing plan.
On or before 10 days prior to the start of the hearing being September 27, 2024, 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 on or before 7 days prior to the start of the Hearing being September 30, 2024.
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 being September 30, 2024 that the written evidence is not part of their record.
Any party choosing to exercise its right to serve a request to admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure incorporated by reference in Tribunal Rules 1.4 and 26.3 shall serve such request on the party opposite at least 30 days before the first day of the Hearing being September 6, 2024.
The parties shall prepare and file a hearing plan with the Tribunal on or before 7 days prior to the start of the hearing being September 30, 2024 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.
Adjournments
- 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.
Attachment 1 – List of Parties
Party
Party Status
Counsel / Representative
John David Pierson Andrea Emily Pierson
Claimants
BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West, Suite 3400 Toronto, Ontario M5H 4E3 Andrew Baker, LSO No. 68342W Tel: 416.367.6250 abaker@blg.com
His Majesty the King in Right of the Province on Ontario, Represented by the Minister of Transportation for the Province of Ontario
Respondent
MINISTRY OF THE ATTORNEY GENERAL Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, ON M7A 2S9 Robert B. Lawson, LSO No. 40910B Tel: 647.467.7763 Robert.B.Lawson@ontario.ca
Attachment 2 – Timetable
EVENT
DATE
Parties to exchange drafts of their appraisal reports
April 30, 2024
Examinations for discovery of the representative of each party
May 31, 2024
Parties to exchange answers to undertakings
June 15, 2024
Any motions arising from Examinations or Undertakings to be requested
June 28, 2024
Parties to exchange their List of Witnesses
July 9, 2024
Parties to exchange their Witness Statements
July 15, 2024
Parties to submit Request for Mediation
August 5, 2024
Parties shall confirm with the Tribunal if all the reserved hearing dates are still required
August 8, 2024
Parties to file Preliminary Hearing Plan
August 8, 2024
Parties to exchange their Reply Witness Statements
September 2, 2024
Meeting(s) of Like Experts
Before September 6, 2024
Agreed Statement of Facts
Before September 6, 2024
Mediation
Before September 6, 2024
Parties to serve Request to Admit
September 6, 2024
Arrange for Court Reporter
September 7, 2024
Parties to exchange their Visual Evidence
September 7, 2024
Parties to file Hearing Plan
September 30, 2024
Parties to file Joint Document Book
September 30, 2024
Notify OLT and the other parties if any of Written Evidence will not be part of the record
September 30, 2024
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 Commences
October 7, 2024
Attachment 3 – Issues List
The issues are as set out in the pleadings.
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