ISSUE DATE:
January 22, 2024
CASE NO.:
OLT-21-001868
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Claimant:
Mary Katschilo
Respondent:
Ministry of Transportation
Subject:
Land Compensation
Property Address/Description:
1671 Brentano Boulevard
Municipality:
City of Mississauga
OLT Case No.:
OLT-21-001868
Legacy Case No.:
LC200007
OLT Lead Case No.:
OLT-21-001868
Legacy Lead Case No.:
LC200007
OLT Case Name:
Katschilo v. Ontario (Transportation)
BEFORE:
WILLIAM MIDDLETON
Monday, the 22nd
Vice-Chair
day of January, 2024
THIS MATTER having been previously scheduled for a case management conference on July 5, 2022 and then subsequently scheduled for a further status conference on January 12, 2024, which was held by telephone conference call on that date;
AND THE TRIBUNAL having been advised of the consent of the Parties to a revised hearing date commencing December 2, 2024 for a period of 10 days, and having received information from the Parties concerning the details of a proposed revised Procedural Order;
THE TRIBUNAL ORDERS that the Procedural Order appended hereto as Schedule 1 shall now govern the conduct of this proceeding.
“Euken Lui”
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.
SCHEDULE 1
ISSUE DATE:
CASE NO(S).: OLT-21-001868
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Claimant:
Mary Katschilo
Respondent:
Ministry of Transportation
Subject:
Land Compensation
Property Address/Description:
1671 Brentano Boulevard
Municipality:
City of Mississauga
OLT Case No.:
OLT-21-001868
Legacy Case No.:
LC200007
OLT Lead Case No.:
OLT-21-001868
Legacy Lead Case No.:
LC200007
OLT Case Name:
Katschilo v. Ontario (Transportation)
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 hearing will begin on December 2, 2024 at 10:00 a.m. by videoconference.
Parties and Participants 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://meet.goto.com/914098901
Access Code: 914-098-901
Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is indicated as above.
The Parties’ initial estimation for the length of the hearing is TEN (10) 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 case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. 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 3 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 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 Claimant served and filed a Notice of Arbitration and Statement of Claim on or about March 25, 2020, and an Amended Notice of Arbitration and Statement of Claim on September 4, 2020.
The Respondent served and filed a Reply on or about September 29, 2020.
The parties exchanged their respective Affidavits of Documents and Productions on or before December 18, 2020.
Examinations for Discovery of the representative of each party were completed on or before January 29, 2021.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be filed in writing only with materials submitted by May 10, 2024.
The Parties shall exchange all expert reports by March 1, 2024. The Parties shall exchange witness statements by May 31, 2024. The Parties shall exchange reply witness statements and reply expert reports by June 28, 2024. All exchanges must be in accordance with paragraph 26 below.
The Parties are directed to contact the OLT Mediation Office by on or about April 30, 2024 in order to arrange facilitated mediation to resolve some or all of the issues in dispute
A Party who intends to call witnesses, whether on 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 by on or before June 28, 2024.
Expert witnesses in the same field shall have a meeting on or before July 12, 2024, 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 at least fifteen (15) days prior to the start of the hearing.
On or before July 5, 2024, the Parties shall provide copies of their witness and expert witness statements to the OLT case co-ordinator and in accordance with paragraph 26 below. Wherever possible, the Parties should do so by providing an indexed and bookmarked consolidated brief of witness statements.
By no later than 60 days prior to the commencement of the hearing, the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before thirty (30) days prior to the start of the hearing, the Parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 26 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the hearing.
Responses to any Request to Admit delivered by either Party shall be provided by August 30, 2024. If either Party seeks to exclude or expunge any portion of written evidence of the opposite Party, it must bring a motion in writing pursuant to Rule 10.3 seeking such relief by no later than July 12, 2024.
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, ten (10) days prior to the start of the hearing.
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 by September 20, 2024, the Parties shall advise the Tribunal if they require a further Case Management Conference to discuss any pre-hearing issues, together with any written materials relating to that request.
The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 1, 2024 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, 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 OLT Rule 7.
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.
TRIBUNAL REGISTRAR
Attachment 1
Party
Party Status
Counsel / Representative
Mary Katschilo
Claimant
Guillaume Lavictoire, Doron Lurie Scargall, Owen-King LLP 17 Leader Lane Toronto, ON M5E 1L8 Tel: 416 869 2202 Email: Guillaume.Lavictoire@sokllp.com Doron.Lurie@sokllp.com
His Majesty the King in Right of Ontario as represented by the Minister of Transportation
Respondent
Timothy Gindi, Jonathan Sydor Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, ON M7A 2S9 Tel: 416 326 4600 Email: Timothy.Gindi@ontario.ca jonathan.sydor@ontario.ca
Attachment 2
OLT-21-001868
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:
MARY KATCHILO
Claimants
- and -
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION
Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties.
Attachment 3
OLT-21-001868
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:
MARY KATCHILO
- and -
Claimant
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION
Respondent
ORDER OF EVIDENCE
Mary Katschilo
His Majesty the King in Right of Ontario as represented by The Minister of Transportation
Mary Katschilo, in Reply