Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2024
CASE NO(S).: OLT-23-000848
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Tagumpay Trading Company Limited
Respondent: Metrolinx
Description: Determination of compensation
Reference Number: Plan of Expropriation No. AT6058705
Property Address: 453 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000848
OLT Case Name: Tagumpay Trading Company Limited v. Metrolinx
Heard: August 16, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tagumpay Trading Company Limited | G. Lavictoire, J. Priest |
| Metrolinx | A. Granato, I. Mathany (in-absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON AUGUST 16, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held with respect to an application made by Metrolinx (the statutory authority) to the Tribunal for a hearing to determine compensation payable to Tagumpay Trading Company Limited (the registered owner claimant) in connection with the expropriation of the property municipally known as 453 Queen Street West in the City of Toronto (the “Subject Property”) pursuant to the Expropriations Act, R.S.O. 1990, c. E26, as amended.
2The Tribunal entered into evidence, as Exhibit 1 in these proceedings, the Affidavit of Service of Victoria Deo affirmed on August 30, 2023, and is satisfied that this Affidavit evidences proper notice of the application by Metrolinx to the Tribunal pursuant to ss. 26(1) of the Expropriations Act, R.S.O. c. E. 26, as amended (the “Act”) such that no further notice is required in these proceedings.
SETTLEMENT OPPORTUNITIES
3The Parties indicated a willingness to consider opportunities for settlement discussions, including participation in Tribunal-facilitated mediation and appropriate timing for such mediation to occur. Following such submissions, the parties were directed to include provision for the same in the revised draft Procedural Order for the Tribunal’s consideration.
PROCEDURAL ORDER AND HEARING DATES
4The Parties submitted that a five day hearing will be required for a hearing to determine the compensation payable to the registered owner claimant pursuant to the Act. The parties anticipate that expert evidence pertaining to land appraisal and land use planning will be required. The Tribunal is satisfied that a five days hearing will suffice in this regard.
5A draft Procedural Order including an Issues List was submitted to the Tribunal for its consideration prior to the commencement of the CMC. The Parties were directed to co-operate on revising the draft Procedural Order to reflect the hearing dates provided at the CMC as well as the provision for Tribunal-facilitated mediation and to submit the revised draft Procedural Order to the Tribunal. Upon the Parties so doing, the Tribunal reviewed same, and the Procedural Order attached as Schedule A to this Order is approved. It is noted that several minor typographical errors were corrected and, to clarify the sequence of events, the Tribunal-facilitated simplified mediation anticipated to occur in February or March 2025 has been added to the timetable in Attachment 2 and the following clarification has been made to paragraph 26:
- In addition to the mediation contemplated by paragraph 12, the parties may make a request for consideration of mediation facilitated by the Tribunal through the Tribunal’s Case Co-ordinator for this process on or before Wednesday August 13, 2025.
6A hearing is scheduled to take place commencing Tuesday, November 18, 2025, at 10 a.m. by video for five days
7Parties 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/719383509
The Access code: 719-383-509
8Parties 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
9Individuals 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 719-383-509.
10Individuals 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
11The Tribunal Orders as follows:
(a) A hearing is scheduled to take place commencing Tuesday, November 18, 2025, at 10 a.m. by video for five days.
(b) The Procedural Order attached as Schedule A to this Order is approved.
(c) The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeal.
(d) The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
(e) No further notice of these proceedings is required or will be given.
“D. Arnold”
D. ARNOLD 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-23-000848
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Tagumpay Trading Company Limited
Respondent: Metrolinx
Description: Determination of compensation
Reference Number: Plan of Expropriation No. AT6058705
Property Address: 453 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000848
OLT Case Name: Tagumpay Trading Company Limited v. Metrolinx
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 November 18, 2025, at 10 a.m. by video conference.
https://global.gotomeeting.com/join/719383509
The Access code: 719-383-509
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 and participants identified at the case management conference 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 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.
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.
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.
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 Respondent, Metrolinx, served and filed a Notice of Arbitration on August 30, 2023.
The Claimant, Tagumpay Trading Company Limited shall serve and file a Statement of Claim on or about Monday, September 16, 2024.
On or before Monday, September 30, 2024, the parties shall contact the Tribunal’s Simplified Mediation Case Coordinator to inquire about mediation dates in February or March 2025.
The parties shall exchange and file with the Tribunal their mediation brief no later than 10 business days prior to the date of mediation.
Metrolinx shall serve and file a Reply on or about Wednesday, October 9, 2024.
On or before Thursday, October 31, 2024, the parties shall exchange, on a without prejudice basis, a preliminary witness list.
On or before Thursday, January 16, 2025, the parties shall exchange, on a without prejudice basis, preliminary witness statements and/or expert reports, for use at the mediation scheduled pursuant to paragraph 12.
Examinations for Discovery of the representative of each party shall be completed on or before Friday, January 31, 2025. The Parties consent to conducting examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before Wednesday, March 12, 2025.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard, in writing, by Wednesday, April 9, 2025, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.
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 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 Wednesday, May 14, 2025, and in accordance with paragraph 35 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.
Expert witnesses in the same field shall have a meeting on or before Friday, July 11, 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 Friday, October 10, 2025.
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 25 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.
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 25 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 25 below.
On or before Thursday, June 19, 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 35 below.
In addition to the mediation contemplated by paragraph 12, the parties may make a request for consideration of mediation facilitated by the Tribunal through the Tribunal’s Case Coordinator for this process on or before Wednesday, August 13, 2025.
Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before Wednesday, August 27, 2025, and in accordance with paragraph 35 below.
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.
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.
On or before Monday, September 15, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Thursday, October 23, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 35 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, in both electronic and hard copy, on or before Friday, November 7, 2025.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, September 29, 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, 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.
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 |
|---|---|---|
| Tagumpay Trading Company Limited | Claimant | SCARGALL OWEN-KING LLP 17 Leader Lane Toronto, Ontario M5E 1L8 Guillaume Lavictoire (LSO #57173C) Tel: 416.497.5407 Email: guillaume.lavictoire@sokllp.com Jason Priest (LSO # 76857A) Tel: 416.645.5244 Email: jason.priest@sokllp.com |
| Metrolinx | Respondent | M&H LLP 61A Jarvis Street, Suite 200 Toronto, ON M5C 2H2 Christel Higgs (LSO #53408T) Tel.: 416-947-6701 Email: Christel@mhlawyers.ca Ian Mathany (LSO #57197U) Tel.: 416-947-6702 Email: Ian@mhlawyers.ca Alyssa Granato (LSO #79483C) Tel.: 416-947-6700 ext. 214 Email: Alyssa@mhlawyers.ca |
Attachment 2
OLT File No.: OLT-23-000848
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:
TAGUMPAY TRADING COMPANY LIMITED Claimant
- and -
METROLINX Respondent
TIMETABLE
| Task | Deliverable By |
|---|---|
| Statement of Claim | Monday, September 16, 2024 |
| Contact Tribunal to Schedule Mediation | September 30, 2024 |
| Reply | Wednesday, October 9, 2024 |
| Exchange of Without Prejudice Preliminary Witness List | Thursday, October 31, 2024 |
| Exchange of Without Prejudice Preliminary Witness Statements and/or Expert Reports | Thursday, January 16, 2025 |
| Examinations for Discovery | Friday, January 31, 2025 |
| Tribunal-facilitated Simplified Mediation | February/March, 2025 (Date to be Determined) |
| Appraisal Reports to be exchanged subject to direction of the Tribunal | n/a |
| Undertakings to be Answered | Wednesday, March 12, 2025 |
| Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled | Wednesday, April 9, 2025 |
| Any further undertakings to be answered following the motion | Within 30 days of receipt of Tribunal’s Order. |
| Exchange of Witness List | Wednesday, May 14, 2025 |
| Exchange of Witness Statements or Expert Reports | Thursday, June 19, 2025 |
| Meeting(s) of Like Experts | Friday, July 11, 2025 |
| Exchange of Expert Reply Witness Statements / Reply Reports | Wednesday, August 27, 2025 |
| Mediation | Wednesday, August 13, 2025 |
| Exchange and File Mediation Brief with the Tribunal | No later than 10 business days before scheduled mediation |
| Agreed Statement of Facts | Friday, October 10, 2025 |
| Request to Admit | In accordance with the Rules of Civil Procedure. |
| Confirm whether all hearing dates still required | Monday, September 15, 2025 |
| Arrange for Court Reporter | ASAP |
| Joint Document Book | Friday, November 7, 2025 |
| Visual Evidence | Thursday, October 23, 2025 |
| Preparation of Hearing Plan | Monday, September 29, 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 | November 18-24, 2025 (5-Days) |
Attachment 3
OLT File No.: OLT-23-000848
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:
TAGUMPAY TRADING COMPANY LIMITED Claimant
- and -
METROLINX Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties. a. Notice of Arbitration. b. Statement of Claim. c. Reply.
Attachment 4
OLT File No.: OLT-23-000848
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:
TAGUMPAY TRADING COMPANY LIMITED Claimant
- and -
METROLINX Respondent
ORDER OF EVIDENCE
- Claimant evidence in-chief
- Metrolinx evidence in cross-examination
- Metrolinx evidence in-chief
- Claimant evidence in cross-examination
- Claimant evidence in Reply, if necessary