Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2024
CASE NO.: OLT-23-001092
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: Applewood Shopping Plaza Limited
Respondent: Ministry of Transportation
Subject: Land Expropriation
Description: For determination by the Tribunal of the compensation to be paid by the Ministry of Transportation
Property Address: 1077 North Service Road
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-001092
OLT Lead Case No: OLT-23-001092
OLT Case Name: Applewood Shopping Plaza Limited v. Ontario (Transportation)
BEFORE:
M. A. SILLS VICE CHAIR
Friday, the 26th day of July, 2024
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on February 3, 2025.
“Euken Lui”
ACTING 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
ATTACHMENT “A”
ISSUE DATE: July 26, 2024 CASE NO.: OLT-23-001092
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimant: Applewood Shopping Plaza Limited
Respondent: His Majesty the King in Right of Ontario, as Represented by the Minister of Transportation
Subject: Claim for compensation
Property Address/Description: 1077 North Service Road, Mississauga
Municipality: City of Mississauga
OLT Case No.: OLT-23-001092
OLT Case Name: Applewood Shopping Plaza Limited v. Ontario Ministry of Transport
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 February 3, 2025 at 10:00 a.m.
GoTo Meeting Link: https://meet.goto.com/996288525
If you are having difficulty connecting to the video event, please connect using the audio-line by dialing 1 888 455 1389 (Toll Free) or +1 (647) 497-9391.The access code is 996-288-525.
The parties’ initial estimation for the length of the hearing is eight (8) 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 Pleadings and 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.
Requirements Before the Hearing
The Claimant, Applewood Shopping Plaza Limited (“Applewood”), served and filed a Notice of Arbitration and Statement of Claim on November 9, 2023.
The Respondent, His Majesty the King in Right of Ontario as Represented by the Minister of Transportation (“MTO”), served and filed its Reply on December 20, 2023.
By August 19, 2024, the parties shall provide copies of their respective appraisal reports to the other parties and to the OLT case co-ordinator, unless the Tribunal orders otherwise as provided in the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.21.
Affidavit of Documents (together with production briefs of the documents) shall be exchanged by August 19, 2024.
Examinations for Discoveries of the representative of each party shall be completed by September 30, 2024.
All undertakings provided at the Examination for Discovery of the parties shall be answered by November 15, 2024.
Any motion(s) arising out of the Examinations for Discovery shall be filed with the Tribunal by December 20, 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 (if any) are to be answered, held, and/or provided within thirty (30) days of the decision of the Tribunal arising from any discovery motion.
The parties agree to a mediation to take place on the earliest possible date before December 31, 2024.
A party who intends to call witnesses (expert and/or lay), 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 by October 11, 2024.
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. 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. All expert witness statements shall be exchanged and provided to the OLT case co-ordinator by October 11, 2024.
Expert witnesses in the same field shall have a meeting 14 days after exchange of Expert Witness Statements and Reports 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 14 days after the meeting of the experts.
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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence. Such outlines must be filed and exchanged by January 20, 2025.
Parties may provide to all other parties and the OLT case co-ordinator a written response or reply to any written evidence by December 13, 2024.
By January 6, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
By January 27, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 27 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 by January 20, 2025.
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.
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 OLT Rules 1.4 and 26.3 shall serve such request on the party opposite by January 8, 2025.
The parties shall prepare and file a preliminary hearing plan with the Tribunal by January 20, 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.
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 OLT Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The OLT Rule 17 applies to such requests. The exception is for the dates or deadlines set out in paragraphs 9 to 20 above, which may be amended by mutual agreement of the Parties without the need for a motion to the Tribunal.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1 – List of Parties
Party: Applewood Shopping Plaza Limited Party Status: Claimant Counsel / Representative: WeirFoulds LLP 66 Wellington Street West Suite 4100, TD Bank Tower P.O. Box 35 Toronto, ON M5K 1B7 Sean Foran (LSO #31047D) Tel: 416-947-5019 Email: sforan@weirfoulds.com Abbey Sinclair (LSO #64230C) Tel: 647-715-7065 Email: asinclair@weirfoulds.com Katherine Chan (LSO #85394L) Tel: 416-365-6540 Email: kachan@weirfoulds.com
Party: His Majesty the King in Right of Ontario, as Represented by the Minister of Transportation Party Status: Respondent Counsel / Representative: Attorney General for Ontario Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, ON M7A 2S9 Timothy Gindi (LSO #:65308M) Tel.: 647-248-1116 Email: timothy.gindi@ontario.ca Michael Saad (LSO #:81566D) Tel.: 647-982-1795 Email: Michael.Saad1@ontario.ca
Attachment 2 – Timetable
Exchange Appraisal Reports: By August 19, 2024
Exchange Affidavit of Documents: August 19, 2024
Examinations for Discovery: September 30, 2024
Undertakings to be Answered: November 15, 2024
Any motions arising from Examinations or Undertakings to be requested /scheduled: December 20, 2024
Any further undertakings to be answered following the motion: 30 days from the date of the discovery motion, if any
Mediation: on the earliest possible date before December 31, 2024
Exchange of Witness List / Expert Witness Statements / Reports / Lay Witness Statements and Outlines: October 11, 2024
Meeting(s) of Like Experts: 14 days after exchange of Expert Witness Statements and Reports
Agreed Statement of Facts: 14 days after meeting of experts
Written response or reply, if any, to any written evidence: December 13, 2024
Request to Admit: January 8, 2025
Confirm whether all hearing dates still required: January 6, 2025
Arrange for Court Reporter: 14 days before hearing date
Joint Document Book: January 20, 2025
Preparation of Hearing Plan: January 20, 2025
Visual Evidence: January 27, 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: February 3, 2025
Attachment 3 – Issues List
The determination of compensation owed to the Claimant pursuant to the Expropriations Act arising from the MTO’s partial expropriation of the Claimant’s land as set out in the pleadings.