Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 8, 2024
CASE NO.:
OLT-22-002357 (Legacy: LC060020)
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant
Joseph Gemeiner
Respondent
City of Toronto
Subject:
Determination of compensation
Description:
To claim market value, disturbance damages and lost profits, interest on compensation, and costs for the temporary possession of the property.
Property Address:
35-49 Bales Avenue (35-49 Bales Ave Blk A Plan 2090)
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002357
OLT Lead Case No:
OLT-22-002357
Legacy Case No:
LC060020; L060021
Legacy Lead Case No:
LC060020
OLT Case Name:
1314193 Ontario Limited v. Toronto (City)
BEFORE:
W. MIDDLETON
Wednesday, the 7th
VICE-CHAIR
day of February, 2024
THIS MATTER having come before the Tribunal for a Case Management Conference, pursuant to the Tribunal’s Decision issued March 29, 2023;
AND THE TRIBUNAL having adjourned the third Case Management Conference scheduled to commence on January 30, 2024, having been advised that the parties have resolved certain issues regarding the draft Procedural Order on consent;
THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be issued and shall govern the procedures leading up to and including the hearing, which is scheduled to commence on Monday, September 16, 2024 at 10:00 AM for 15 days to proceed by video as follows:
Go To Meeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
Audio-only telephone line: Toll Free 1-888-299-1889, or (647) 497-9391
Audio-only access code: 927-921-077
“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 “A”
Case No. OLT-22-002357
ONTARIO LAND TRIBUNAL AMENDED 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 September 16, 2024 at 10 a.m.
The length of the hearing will be 15 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 procedural order deadlines are generally found in Attachment 1.
The issues are set out in the pleadings filed with the Tribunal.
The order of evidence shall be as set out in Attachment 2 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
Discovery
As of the date of this Order, the parties have exchanged their respective Affidavits of Documents and copies of the productions referenced therein, and/or any supplementary or amended Affidavits of Documents.
Written examinations for discovery of the representative of each party shall be completed on or before September 1, 2023, with further written interrogatories to be completed on or before November 15, 2023.
Each party shall answer their respective undertakings arising from written examinations for discovery on or before October 15, 2023, and responses from further written interrogatories provided on or before December 15, 2023.
Motions
If any party is of the view that a motion arising from either documentary discovery or the Examinations for Discovery (and any answers to undertakings or refusals arising therefrom) is necessary, they shall request a date from the Tribunal for the hearing of that motion at the earliest available opportunity.
Further answers to undertakings, 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 30 days of the Tribunal’s decision arising from any discovery motion.
The Claimants shall deliver their Motion Record and Factum on or before February 2, 2024.
The Respondent shall deliver their responding Motion Record and Factum on or before February 13, 2024.
The Claimants shall deliver their Reply Motion Record and Factum (if any) on or before February 20, 2024.
Evidence
“Expert report” means a report prepared by an expert witness, consisting of an outline of his or her qualifications, an outline of the issues he or she will address in oral evidence, a description of his or her opinion on those issues, and a list of reports, documents and/or studies that the expert witness relies upon.
“Witness statement” means a document consisting of a short outline of the facts and issues that a non-expert witness will address in evidence. A witness statement must be served for all non-expert witnesses a party intends to call at the hearing.
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 December 22, 2023. 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.
The parties shall serve all expert reports and witness statements on each other on or before May 28, 2024.
The parties shall serve all reply expert reports and witness statements on each other on or before June 25, 2024.
Further witness statements and expert reports may be served and filed only with leave of the Tribunal and where granted, shall be served and filed at least 5 calendar days before the date on which the witness who will give oral evidence is to be called.
Unless the Tribunal orders otherwise, no expert shall give oral evidence and no witness shall testify at the hearing without first having served and filed an expert report or witness statement.
A party who serves and files a witness statement or expert report must have the witness present at the hearing to testify unless the party advises the Tribunal and the parties served with the witness statement or expert report that it is not to be considered part of the record. Notice of any such withdrawal is to be provided to all parties, and the Tribunal, no less than 7 days prior to the anticipated testimony of the witness.
On or before August 12, 2024, 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 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 on or before August 28, 2024.
Requests to Admit
Any party choosing to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure, incorporated by reference in Tribunal Rule 1.04, shall serve such Request or Requests on the party or parties opposite on or before 90 days in advance of the Hearing Date.
Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Notice of Readiness for Hearing
- The parties shall complete all pre-hearing steps contemplated by this Procedural Order and file a Notice of Readiness for Hearing with the Tribunal, by no later than July 30, 2024.
Pre-Hearing Conference
- Concurrently to or within five days’ of the date of submission of the Notice of Readiness, either party may request the Tribunal to schedule a further pre-hearing conference in advance of the hearing of this matter in order to settle or narrow the issues in dispute.
General
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 9, 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. 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 hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1
Summary of Dates
DATE
EVENT
September 1, 2023
Written examinations for discovery shall be completed
December 15, 2023
Answers to undertakings to be provided
December 22, 2023
Exchange witness lists
February 2, 2024
Claimants’ Motion Record and Factum to be filed
February 13, 2024
Respondent’s Motion Record and Factum to be filed
February 20, 2024
Claimants’ Reply Motion Record and Factum (if any) to be filed
Within 30 days of Order
Exchange of production of additional documents arising from determination of in-writing refusals motion (if granted)
May 28, 2024
Exchange of Expert Reports and Witness Statements
June 25, 2024
Exchange of response to Expert Reports and Witness Statements (if any)
July 30, 2024
Parties to provide Notice of Readiness to Tribunal
August 12, 2024
Exchange of visual evidence (if any)
August 28, 2024
Finalize Joint Document Book
September 9, 2024
Hearing Plan filed with the Tribunal
September 16, 2024
Hearing commences
Attachment 2
Order of Evidence
The order of presentation of evidence shall be:
(i) case for the Claimant;
(ii) case for the Respondent; and
(iii) reply by the Claimant (if necessary).
Reply evidence shall not include evidence that was or should have been led in-chief.