CORRECTION NOTICE
OLT CASE NO(S).:
OLT-23-000154
DECISION ISSUE DATE(S):
April 12, 2024
CORRECTION NOTICE ISSUE DATE:
April 19, 2024
RE: Kahlon Family Holdings Ltd. v. Toronto (City)
Correction to: the audio-only telephone line at the end of para. [6].
Originally:
Corrected to:
6Persons 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:
+1 (637) 497-9373 or (Toll Free) 1 (888)
299-1889. The access code is as indicated above.
6Persons 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:
+1 (647) 497-9373 or (Toll Free) 1 (888)
299-1889. The access code is as indicated above.
“Euken Lui”
EUKEN LUI 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:
April 12, 2024
CASE NO(S).:
OLT-23-000154
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act,
R.S.O. 1990, c. E.26, as amended
Claimant:
Kahlon Family Holdings Ltd.
Respondent:
City of Toronto
Description:
Determination of compensation
Property Address
3300 Kingston Road
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-23-000154
OLT Lead Case No.:
OLT-23-000154
OLT Case Name:
Kahlon Family Holdings Ltd. v. Toronto (City)
Heard:
September 13, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Kahlon Family Holdings Ltd.
I. Wong
(“Claimant”)
City of Toronto
M. Mahoney
(“Respondent”)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 13, 2023 AND FINAL ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for the appeals under subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended, for the property municipally known as 3300 Kingston Road, in the City of Toronto.
2The Parties presented the Tribunal with a draft Procedural Order (“PO”) and requested that the Tribunal set aside five days of its calendar for the Hearing of the Merits. After reviewing and discussing the PO with the Parties, the Tribunal approved the PO, affixed as Attachment 1 of this Decision, to govern the proceedings related to the Hearing of the Merits.
3A five-day Hearing of the Merits to proceed by video has been scheduled to begin on Monday, October 7, 2024.
4Parties 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://global.gotomeeting.com/join/692665589
Access code: 692-665-589
5Parties 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
6Persons 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: +1 (637) 497-9373 or (Toll Free) 1 (888) 299-1889. The access code is as indicated above.
7Individuals 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.
8No further notice is required.
9The Member is not seized.
10So Orders the Tribunal.
“Steven Cooke ”
STEVEN COOKE VICE-CHAIR
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.
ATTACHMENT 1
CASE NO(S).: OLT-23-000154
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act,
R.S.O. 1990, c. E.26, as amended
Claimant:
Kahlon Family Holdings Ltd.
Respondent:
City of Toronto
Description:
Determination of compensation
Property Address:
3300 Kingston Road
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-23-000154
OLT Lead Case No.:
OLT-23-000154
OLT Case Name:
Kahlon Family Holdings Ltd. v. Toronto (City)
PROCEDURAL ORDER AMENDMENT OF THIS ORDER
This Order may be amended, varied or supplemented by the Ontario Land Tribunal (the “Tribunal”) at the request of any person, or on its own motion, either by making a ruling orally or by a further Procedural Order.
Any date or deadline contemplated in this Procedural Order related to obligations as between the parties, and which does not involve an appearance or deadline for filing with the Tribunal, may be amended by written agreement of the parties.
ORGANIZATION OF THE HEARING
The video hearing will begin on Monday, October 7, 2024 at 10 a.m.
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 are set out in Attachment 1.
The issues at the hearing shall be those set out in the Pleadings filed, including amendments, if any.
The order of the presentation of evidence shall be:
a. case for the Claimant;
b. case for the Respondent; and
c. reply by the Claimant.
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 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 procedural timeline is set out in Attachment 2.
Pleadings
The Claimant served the Notice of Arbitration and Statement of Claim on March 6, 2023.
The Respondent served its Reply on March 27, 2023.
Any amendments to the pleadings shall be made in accordance with the Tribunal’s
Rules of Practice and Procedure.
Discovery
- The parties agree that:
a. Affidavits of Documents and productions shall be exchanged on or before
October 30, 2023.
b. Examinations for Discovery shall be completed on or before January 26, 2024.
c. Answers to undertakings provided shall be completed on or before March 11, 2024.
d. Any additional productions or further examinations for discovery arising from answers to undertakings shall be completed on or before April 12, 2024.
e. Any motion(s) arising out of the examinations for discovery shall be served and filed on or before May 24, 2024.
- 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 one month of the date on which the Tribunal delivers its reasons on the motion described in paragraph 14(e).
Witnesses and 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. This list must be delivered at least ninety (90) calendar days before the Hearing and in accordance with paragraph 33 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.
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 expert report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having served and filed an expert report.
A party who intends to call a witness who is not an expert must file a witness statement, as in paragraph 33 below.
On or before June 17, 2024, the parties shall provide copies of their witness and expert witness statements and/or expert reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 30 below.
On or before July 29, 2024, the parties shall provide copes of all reply expert reports and witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 30 below.
Further witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted, shall be served and filed at least five
(5) calendar days before the date on which the expert witness who will give oral evidence is to be called.
- A party who provides written evidence of a witness or expert report to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.
Pre-Hearing Conference and Mediation Assessment
- On or before August 26, 2024, the parties shall request a pre-hearing conference and mediation assessment be scheduled by the Tribunal.
Requests to Admit
Any party choosing to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure, incorporated by reference in Tribunal Rule 1.04, shall serve such Request or Requests on the party or parties opposite at least forty (40) days before the Hearing.
Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Hearing Plan and Arrangements
At least thirty-five (35) days prior to the start of the Hearing, 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 which shall be shared with the OLT case co-ordinator at least ten (10) days before the Hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal at least ten (10) 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.
General
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.
This Member is not seized. So orders the Tribunal.
Attachment 1
PARTY
PARTY STATUS
COUNSEL / REPRESENTATIVE
Kahlon Family Holdings Ltd.
Claimant
Scargall Owen-King LLP
17 Leader Lane Toronto, ON M5E 1L8
Paul Scargall
T: 416.869.3417
F: 416.869.2201
Irene Wong
T: 416.597.5404
F: 416.869.2201
City of Toronto
Respondent
City of Toronto
Legal Services Division
26th Floor, Metro Hall 55 John Street Toronto, ON M5V 3C6
Michael Mahoney T: 416.392.4846 F:
Attachment 2
ITEM
DATE
Notice of Arbitration and Statement of Claim
March 6, 2023
Reply
March 27, 2023
Affidavit of Documents / Productions
October 30, 2023
Completion of Discovery Examinations
January 26, 2024
Answers to Undertakings
March 11, 2024
Productions / Further Examinations Arising from Answers to Undertakings
April 12, 2024
Motions Arising from Discoveries / Answers to Undertakings
May 24, 2024
Expert Reports and Witness Statements
June 17, 2024
Reply Expert Reports and Witness Statements
July 29, 2024
Pre-Hearing Conference and Mediation Assessment
August 26, 2024
List of Witnesses
90 days before Hearing
Request to Admit
40 days before Hearing
Response to Request to Admit
in accordance with the Rules of Civil Procedure
Notice of Readiness
35 days before Hearing
Visual Evidence
30 days before Hearing
Joint Document Book
10 days before Hearing
Hearing Plan
10 days before Hearing
Hearings (5 Days)
October 7 to 11, 2024