Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 26, 2024

CASE NO(S).: OLT-24-000113 OLT-24-000321

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant: 1417114 Ontario Inc. O/A Pizza Pizza Respondent: Metrolinx Description: Determination of compensation Property Address: 2500 Eglinton Avenue E Municipality: City of Toronto OLT Case No: OLT-24-000113 OLT Lead Case No.: OLT-24-000113 OLT Case Name: 1417114 Ontario Inc. o/a Pizza Pizza v. Metrolinx

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: Pizza Pizza Limited Respondent: Metrolinx Description: Determination of compensation Reference Number: Expropriation Plan No. AT5647477 Property Address: 2500 Eglinton Avenue E Municipality/UT: City of Toronto OLT Case No.: OLT-24-000321 OLT Lead Case No.: OLT-24-000113

Heard: April 17, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
1417114 Ontario Inc. O/A Pizza Pizza	Jeff Goldstein (in absentia)
Metrolinx	Jessica Karban

MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON APRIL 17, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act (“the Act”). The claim is brought by 1417114 Ontario Inc. O/A Pizza Pizza ("Claimant”) against Metrolinx (“Respondent”), and arises out of the expropriation of all rights, title and interest in the property municipally known as 2500 Eglinton Avenue East, for the purposes of a tunnel launch and mobilization site, and all works and uses associated thereto. The expropriation was for purposes associated with the Scarborough Subway Extension.

CONSOLIDATION AND PROCEDURAL ORDER

2The Claimant is a franchisee of Pizza Pizza Ltd. Pizza Pizza Ltd. has also filed a Notice of Arbitration & Statement of Claim with the Tribunal, OLT Case File No. OLT-24-000321. Counsel for the Respondent requested that this matter be consolidated with OLT Case File No. OLT-24-000321. Ms. Karban advised that Mr. Goldstein is also representing the franchisor, Pizza Pizza Ltd. The Tribunal was provided with an unsigned Consent to Consolidation and advised that the consolidation was on consent. After the hearing, the Tribunal was provided with a signed Consent to Consolidation. Counsel for the Respondent provided the Tribunal with a draft Procedural Order in advance of the CMC, and advised the Tribunal that Counsel for the Claimant was in agreement with it. The matters bearing OLT Case File No. OLT-24-000113 and OLT-24-000321 shall be heard together.

3The Tribunal received a consent Procedural Order (“PO”) which it has reviewed and finds acceptable. Appended to this Decision as Schedule A is the PO, Issues List and Order of Evidence, which will now govern all further Pre-Hearing procedural requirements and the Hearing of the Arbitration.

ARBITRATION HEARING

4Following consultation respecting the Tribunal’s calendar, a five-(5) day Hearing on the Merits, by Video Hearing (“VH”), was agreed upon, commencing on Monday, September, 29, 2025, at 10 a.m. and concluding on Monday, October 6, 2025 (with the exception of Tuesday, September 30, 2025 being a holiday for the National Day of Truth and Reconciliation).

5Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

6Parties 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. 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 VH 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 THAT:

1. The matters bearing OLT Case File No(s).: OLT-24-000113, and OLT-24-000321 are consolidated and shall be heard together.

2. This Hearing shall be scheduled for a five-(5) day Hearing on the Merits, by Video Hearing commencing on Monday, September 29, 2025, at 10 a.m.

3. The Procedural Order appended as Schedule A to this Decision shall govern the conduct of this proceeding.

4. This Member is not seized.

“Jennifer Gold”

JENNIFER GOLD

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 A

CASE NO(S).: OLT-24-000113 OLT-24-000321

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant: 1417114 Ontario Inc. O/A Pizza Pizza Respondent: Metrolinx Description: Determination of compensation Property Address: 2500 Eglinton Avenue E Municipality: City of Toronto OLT Case No: OLT-24-000113 OLT Lead Case No.: OLT-24-000113 OLT Case Name: 1417114 Ontario Inc. o/a Pizza Pizza v. Metrolinx

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: Pizza Pizza Limited Respondent: Metrolinx Description: Determination of compensation Reference Number: Expropriation Plan No. AT5647477 Property Address: 2500 Eglinton Avenue E Municipality/UT: City of Toronto OLT Case No.: OLT-24-000321 OLT Lead Case No.: OLT-24-000113

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on September 29, 2025, at 10 a.m. by video conference.

https://global.gotomeeting.com/join/660145013

3. The parties’ initial estimation for the length of the hearing is 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.

6. 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.

7. 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.

8. 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.

9. 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

10. The Claimant, 1417114 Ontario Inc. o/a Pizza Pizza (“Franchisee”) served and filed a Notice of Arbitration and Statement of Claim on or about January 25, 2024 (“Franchisee Claim”).

11. Metrolinx served and filed a Reply on or about February 20, 2024 with respect to the Franchisee’s Claim.

12. The Claimant, Pizza Pizza Ltd. (“Franchisor”) served its Notice of Arbitration and Statement of Claim on or about April 8, 2024.

13. Metrolinx will serve and file its Reply on the Franchisor on or before Monday, April 29, 2024.

14. The parties shall exchange their respective Affidavits of Documents and Productions by Tuesday, July 23, 2024.

15. Examinations for Discovery of the representative of each party shall be completed on or before Friday, October 11, 2024. The parties consent to conducting examinations for discovery by way of videoconference.

16. Each party shall answer their respective undertakings arising from examinations for discovery on or before Friday, January 17, 2025.

17. 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, February 14, 2025, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.

18. 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 17.

19. 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 34 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.

20. Expert witnesses in the same field shall have a meeting on or before Wednesday, June 18, 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, September 2, 2025.

21. 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 23 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.

22. 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 23 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 23 below.

23. On or before Thursday, May 29, 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 34 below.

24. Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before Friday, July 18, 2025, and in accordance with paragraph 34 below.

25. Parties may request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply on or before Tuesday, July 29, 2025, and in accordance with paragraph 34 below.

26. 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.

27. 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.

28. On or before Monday, July 21, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

29. On or before Friday, September 12, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 34 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

30. 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 Tuesday, September 16, 2025.

31. 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.

32. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Wednesday, July 30, 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.

33. 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.

34. No adjournments or delays will be granted before or during the hearing except for serious hardships or illness. The Tribunal’s Rule 17 shall apply to requests for adjournment.

This Member is not seized.

So orders the Tribunal.

Attachment 1

Party	Party Status	Counsel / Representative
1417114 Ontario Inc. o/a Pizza Pizza and Pizza Pizza Ltd.	Claimants	GOLDSTEIN LAW FIRM 306 Manning Avenue Toronto, Ontario M6J 2K9 Jeff Goldstein (LSO #67763B) T: 647.838.6740 F: 416.352.1252 jeff@goldsteinlawyers.ca
Metrolinx	Respondent	M&H LLP 61A Jarvis St., Suite 200 Toronto, ON M5C 2H2 Aisling Flarity (LSO #65500B) Tel: 416.947.6700 Fax: 416.947.6703 aisling@mhlawyers.ca Jessica Karban (LSO #75541D) Tel: 416.947.6700 ext. 212 Fax: 416.947.6703 jessica@mhlawyers.ca Mariana Cherkas (LSO #85947P) Tel: 416.947.6700 mariana@mhlawyers.ca

Attachment 2

OLT File Nos.: OLT-24-000113 OLT-24-000321

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:

1417114 ONTARIO INC. o/a PIZZA PIZZA Claimants

• and -

METROLINX Respondent

A N D B E T W E E N:

PIZZA PIZZA LTD. Claimants

• and -

METROLINX Respondent

TIMETABLE

Task	Deliverable By
Exchange Affidavit of Documents	Tuesday July 23, 2024
Examinations for Discovery	Friday, October 11, 2024
Appraisal Reports to be exchanged subject to direction of the Tribunal	n/a
Undertakings to be Answered	Friday, January 17, 2025
Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled	Friday, February 14, 2025
Any further undertakings to be answered following the motion	Within 30 days of receipt of Tribunal’s Order.
Exchange of Witness List	Tuesday, March 18, 2025
Exchange of Witness Statements or Expert Reports	Thursday, May 29, 2025
Exchange of Expert Reply Witness Statements / Reply Reports	Friday, July 18, 2025
Meeting(s) of Like Experts	Wednesday, June 18, 2025
Sur-Reply	Tuesday, July 29, 2025
Agreed Statement of Facts	Tuesday, September 2, 2025
Request to Admit	In accordance with the Rules of Civil Procedure.
Confirm whether all hearing dates still required	Monday, July 21, 2025
Arrange for Court Reporter	ASAP
Joint Document Book	Tuesday, September 16, 2025
Visual Evidence	Friday, September 12, 2025
Preparation of Hearing Plan	Wednesday, July 30, 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	September 29, 2025 (5-Days)

Attachment 3

OLT File Nos.: OLT-24-000113 OLT-24-000321

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:

1417114 ONTARIO INC. o/a PIZZA PIZZA Claimants

• and -

METROLINX Respondent

A N D B E T W E E N:

PIZZA PIZZA LTD. Claimants

• and -

METROLINX Respondent

ISSUES LIST

1. The issues shall be those as set out in the pleadings delivered by the Parties.

a. Notice of Arbitration and Statement of Claim, dated January 25, 2024.

b. Reply, dated February 20, 2024.

Attachment 4

OLT File Nos.: OLT-24-000113 OLT-24-000321

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:

1417114 ONTARIO INC. o/a PIZZA PIZZA Claimants

• and -

METROLINX Respondent

A N D B E T W E E N:

PIZZA PIZZA LTD. Claimants

• and -

METROLINX Respondent

ORDER OF EVIDENCE

1. Claimant evidence in-chief
2. Claimant evidence in cross-examination
3. Metrolinx evidence in-chief
4. Metrolinx evidence in cross-examination
5. Claimant evidence in Reply, if necessary