McKenna et al. v. Ottawa (City), 2024 CanLII 33134

# Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire

**ISSUE DATE:** April 11, 2024

**CASE NO.:** OLT-23-000840

PROCEEDING COMMENCED UNDER subsection 26(1) of the [Expropriations Act, R.S.O. 1990, c. E.26](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html).

**Claimant:** Mary Jane Legassick, Thomas Gerard McKenna, Ann Elizabeth McKenna, Daniel Joseph McKenna, Rosalie Margaret McKanne, and Michael James McKenna

**Respondent:** City of Ottawa

**Subject:** Determination of compensation

**Description:** The Strandherd Drive widening to provide increased access to Highway 416 and realignment of McKenna Casey to provide a route crossing Highway 416.

**Property Address:** Mckenna Casey Drive (PT LT 16 CON 4, R.F., NEPEAN, AS IN NP 56169)

**Municipality/UT:** Ottawa/Ottawa

**OLT Case No:** OLT-23-000840

**OLT Lead Case No:** OLT-23-000840

**OLT Case Name:** McKenna et al. v. Ottawa (City)

**BEFORE:**

SHARYN VINCENT
VICE-CHAIR

Thursday, the 11th day of April, 2024

THIS MATTER having come before the Tribunal and having been requested to issue a Procedural Order before the first hearing event;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be issued and shall govern the procedures leading up to and including the hearing, which is scheduled to commence on Monday, May 5, 2025 at 10:00 AM for 5 days to proceed by video as follows:

Go To Meeting: [https://global.gotomeeting.com/join/709076365](https://global.gotomeeting.com/join/709076365)

Access Code: 709-076-365

Audio-only telephone line: Toll Free 1-888-299-1889, or (647) 497-9373

Audio-only access code: 709-076-365

“Euken Lui”

EUKEN LUI
ACTING REGISTRAR

Ontario Land Tribunal
Website: [olt.gov.on.ca](http://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.


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## SCHEDULE “A”

**ISSUE DATE:** April 11, 2024
**CASE NO(S).:** OLT-23-000840

PROCEEDING COMMENCED UNDER section 26(1) of the [Expropriations Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html), R.S.O. 1990, c. E. 26

**Applicant(s)/Appellant(s):** Mary Jane Legassick, Thomas Gerard McKenna, Ann Elizabeth McKenna, Daniel Joseph McKenna, Rosalie Margaret McKenna, and Michael James McKenna

**Subject:** Compensation for Injurious Affection (No Land Taken)

**Property Address/Description:** PT LT 16 CON 4, R.F., NEPEAN, AS IN NP 56169; CITY OF OTTAWA

**Municipality:** City of Ottawa

**OLT Case No.:** OLT-23-000840

**OLT Case Name:** McKenna et al v. Ottawa (City)

## PROCEDURAL ORDER

1. Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties, or by the Tribunal upon request of the parties.

### Organization of the Hearing

2. The video hearing will begin on May 5, 2025 at 10:00 AM on GoTo Meeting.

3. The parties’ initial estimation for the length of the hearing is five days. The length of the hearing may be shorted as issues are resolved or settlement is achieved.

4. Issues: The issues at the hearing shall be those set out in the pleadings filed, including amendments, if any. There shall be no additional issues raised without leave of the Tribunal.

### Requirements Before the Hearing

5. Affidavit of Documents: The parties shall exchange affidavits of documents on or before June 13, 2024.

6. Appraisal Reports: The Claimants shall deliver the appraisal report(s) to be relied upon by July 15, 2024. The City shall deliver the appraisal report(s) to be relied upon by August 15, 2024.

7. Examinations for Discovery: The parties shall complete examinations for discovery on or before September 13, 2024.

8. Undertakings/Refusals/Under Advisements: The parties shall deliver answers to undertakings, answers to questions taken under advisement, and any refusals reconsidered on or before October 11, 2024.

9. Motions arising from undertakings: Any motion arising from undertakings shall be served on or before October 25, 2024. The motion will be returnable within 30 days, subject to the Tribunal and counsels’ availability.

10. Witness Lists: The Claimants shall serve a witness list on or before October 18, 2024. The City shall serve a witness list on or before November 8, 2024. Any 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.

11. Claimants’ Expert Reports and Witness Statements: The Claimants shall deliver all expert reports and witness statements (other than the appraisal reports referenced at paragraph 6 above) on or before November 29, 2024.

12. City’s Expert Reports and Witness Statements: The City shall deliver all expert reports and witness statements (other than the appraisal reports referenced at paragraph 6 above) on or before January 17, 2025.

13. Claimants’ Reply Expert Reports and Witness Statements: The Claimants shall deliver all reply expert reports and witness statements, if any, on or before January 31, 2025.

14. Amendment of Written Evidence: Amendments to expert reports or witness statements will be permitted only by motion to the Tribunal, with notice to all parties, unless all parties agree to waive this requirement by a written consent.

15. A party who serves and files a witness statement or expert report must have the witness present at the hearing to testify, unless the party advises the Tribunal and the parties served with the witness statement or expert report at least 10 days before the hearing that the written evidence is not part of their record.

16. Presentation of Evidence at the Hearing: The order of presentation of evidence shall be:

a. Case for the Claimants;

b. Case for the City; and

c. Reply by the Claimants (if any).

17. Reply evidence shall not include evidence which was or should have been led in direct examination.

18. Hearing Dates: the parties shall confirm with the Tribunal if all the reserved hearing dates are still required at least 35 days before the start of the hearing.

19. Hearing Plan: The parties shall prepare and file a preliminary hearing plan with the Tribunal at least 10 days before the start of 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.

20. Joint Document Book: The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator at least 10 days before the start of the hearing.

21. Electronic Service and Filing: All service and filing shall be electronic copy. Hard copies will be provided to the Tribunal at its request. Electronic copies may be filed by email, an electronic 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 Rule 7.

22. 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.

BEFORE:

Name of Member:

Date:

____________________________
TRIBUNAL REGISTRAR

### Attachment to Sample Procedural Order

### Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

### Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

- direct examination by the party presenting the witness;

- direct examination by any party of similar interest, in the manner determined by the Tribunal;

- cross-examination by parties of opposite interest;

- re-examination by the party presenting the witness; or

- another order of examination mutually agreed among the parties or directed by the Tribunal.