Globe Wholesale Meats Inc. et al. v. Metrolinx, 2024 CanLII 59484

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 21, 2024

CASE NO(S).: OLT-22-004795

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

Claimants: Globe Wholesale Meats Inc., 5000905 Ontario Inc., and 2347964 Ontario Inc.

Respondent: Metrolinx

Subject: Determination of compensation

Description: Claim related to the Finch West Light Rail Transit Project

Property Address: 61 Signet Drive

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-004795

OLT Lead Case No: OLT-22-004795

OLT Case Name: Globe Wholesale Meats Inc. et al. v. Metrolinx

Heard: May 30, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Global Wholesale Meats Inc.,

5000905 Ontario Inc., and

2347964 Ontario Inc.

Matthew Valitutti

Metrolinx

Robert Wood

Brett Davis

MEMORANDUM OF ORAL decision DELIVERED BY G.A. CROSER ON MAY 30, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) for an expropriation matter commenced under subsection 26(b) of the Expropriations Act. Global Wholesale Meats Inc., 5000905 Ontario Inc., and 2347964 Ontario Inc. (collectively the “Claimants”) are claiming losses and damages for injurious affection resulting from the construction by Metrolinx (“Respondent”) of works related to the Finch West Light Rail Transit Project and its alleged impacts on 61 Signet Drive in Toronto.

2The CMC was convened to set the Procedural Order (“PO”) that will govern the remainder of these proceedings and to schedule the Hearing on the Merits (“Merit Hearing”) of this matter.

MEDIATION

3The Tribunal was in receipt of a draft PO in advance of the CMC. The Parties informed the Tribunal that the only “sticking point” between the sides was a provision in the PO with respect to mediation. The Claimants were of the position that early mediation would assist the Parties in narrowing the scope of the appeal and provide an opportunity for a “more level playing field” by resolving some of the issues at the onset. Thus reducing the cost burden on the Claimants as the matter proceeded towards the Merit Hearing.

4Metrolinx was of the view that the timing of mediation did not matter if it was an optional step, and that mediation before discoveries was ill-advised as the Parties would have insufficient information to conduct a fruitful mediation. Counsel for Metrolinx stated that as this claim was a business loss claim, business records, and expert reports were required. The timing and cadence of the production of such documentation required a mediation date later in the process than that suggested by the Claimant. Further, Metrolinx was of the view that Rule 18 of the Tribunal’s Rules of Practice and Procedure made mediation optional rather than mandatory.

5The Tribunal disagreed with Metrolinx’s characterization of mediation in expropriation proceedings. The Tribunal noted that on October 13, 2023, the Tribunal’s revised practices and procedures for expropriation matters came into effect. Rules 26.5 to 26.10 and not Rule 18 governs mediation in expropriation matters.

6Counsel for Metrolinx advised that it was not opposed to mediation. The Tribunal directed that mediation should occur within sixty days of the completion of Examinations for Discovery. Both Parties will have access to the other’s Affidavit of Documents and will have a clearer understanding of the documentary framework and expert reports supporting the Claimants alleged losses.

MERIT HEARING

7The Parties requested that a (6) six-day Merit Hearing should be scheduled. The Tribunal agreed, with the understanding that if the Parties determined that fewer days were required, that the Tribunal would be informed a minimum of (35) thirty-five-days in advance of the start of the Merit Hearing.

8The Tribunal requested that the Parties forward a revised PO populated with the necessary dates by no later than Friday, June 7. This revised PO was received, and the Tribunal Member has reviewed and approved this document, which is included with this Decision as Attachment 1.

9The Tribunal set a six-day Hearing commencing on Monday, November 17, 2025 at 10 a.m. by video hearing and ending on Monday, November 24, 2025.

10Parties 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/709076365

Access code: 709-076-365

11Parties 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

12Persons 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.

13Individuals 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

14THE TRIBUNAL ORDERS that:

a. A finalized Procedural Order attached to this Order as Attachment 1 is approved and shall govern the proceedings.

b. Mediation will occur within sixty days of the completion of Examinations for Discovery.

c. A six-day Merit Hearing is scheduled to take place via Video hearing commencing on Monday, November 17, 2025, and ending on Monday, November 24, 2025.

15There will be no further notice with respect to this matter, and the Member is not seized.

“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.

CASE NO(S).: OLT-23-004795

PROCEEDING COMMENCED UNDER 26 of the Expropriations Act, R.S.O. 1990, c E.26.

Claimant: Globe Wholesale Meats Inc., 5000905 Ontario Inc., and 2347964 Ontario Inc.

Respondent: Metrolinx

Description: Determination of compensation

Property Address/Description: 61 Signet Drive

Municipality: Toronto

OLT File/Case No.: OLT-22-004795

OLT Case Name: Globe Wholesale Meats Inc. et al v. Metrolinx

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 Monday, November 17, 2025 at 10:00 a.m. for 6 days up to and including Monday, November 24, 2025.

3. The parties’ initial estimation for the length of the hearing is 6 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. 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 the phone number as soon as possible.

5. 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

Pleadings:

6. The Claimant served and filed a Statement of Claim dated November 4, 2022.

7. The Respondent served and filed a Reply dated January 24, 2024.

Documentary and Oral Discoveries:

8. The parties shall exchange their respective Affidavits of Documents on or before October 31, 2024.

9. Examinations for discoveries shall be completed on or before January 31, 2025.

10. Each party shall answer their respective undertakings arising from examinations for discovery on or before March 31, 2025.

11. Any Motion(s) arising from the examinations for discovery shall be served on or before April 30, 2025.

Mediation

12. The Parties shall attend and participate in a mediation pursuant to Rule 26 of the OLT Rules of Practice and Procedure, which shall take place within sixty days of the completion of Examinations for Discovery.

List of Witnesses

13. 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 on or before October 3, 2025

Expert Reports and Witness Statements

14. 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 16 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 her the expert’s testimony.

15. On or before July 4, 2025, expert witnesses in the same field shall have a meeting and use best efforts to try to resolve or reduce the issues for the hearing.

16. On or before August 19, 2025, the Claimant shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and any responding expert witness statements by the Respondent are to be provided within 45 days thereafter.

17. On or before October 17, 2025, the Claimant shall provide copies of their reply export witness statement to the other parties and to the OLT case co-ordinator.

18. On or before October 3, 2025, any party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.

19. On or before October 3, 2025, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have reasonable opportunity to view it before the hearing.

20. “Visual Evidence” includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the Hearing.

21. “Witness Statement” is a short written outline of a lay witness’ background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the Hearing.

22. An “Expert Witness Statement” should include his or her (1) name and address, (2) qualifications including curriculum vitae and area of expertise in which the witness is proposed to be qualified, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the Hearing.

23. On or before 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.

24. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 30 days prior to the start of the hearing.

25. 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.

GENERAL PROVISIONS:

26. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 7 days prior to the start of the hearing including 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.

27. All filings shall be submitted electronically. 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.

28. 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.

EVIDENCE AT THE HEARING:

29. The order of presentation of evidence shall be:

a. case for the Claimant;

b. case for the Respondent; and

c. reply by the Claimant, if any.

30. Reply evidence shall not include evidence that was or should have been led in-chief.

This Member is [not] seized.

So orders the Tribunal.