Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 7, 2025
CASE NO(S).: OLT-23-000849
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.
Claimant: Craigholme Estates Ltd.
Respondent: Thames Valley District School Board
Description: Determination of Compensation
Property Address: 207 Seventh Avenue
Municipality/UT: Municipality of Central Elgin
OLT Case No.: OLT-23-000849
OLT Lead Case No.: OLT-23-000849
OLT Case Name: Craigholme Estates Ltd. v. Thames Valley District School Board
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Craigholme Estates Ltd.
Request for: Request for Directions
Heard: October 3, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Craigholme Estates Ltd. ("Claimant") | Paul Ledroit |
| Thames Valley District School Board ("Respondent") | Ken Strong |
MEMORANDUM OF AN ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON OCTOBER 3, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On August 20, 2025, the Tribunal held its second Case Management Conference (“CMC”) to consider a Motion for leave to amend the Amended Notice of Arbitration in accordance with the draft Amended Amended Notice of Arbitration, attached as Schedule A of the Claimant’s Motion Record (“Proposed Amended Claim”), made pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure (“Rules”).
2The Respondent objected to the Proposed Amended Claim.
3As a result of the second CMC, the Tribunal ruled that the claim for injurious affection was not statute barred. However, the Tribunal held that the Claimant had failed to provide sufficient particulars with respect to both its claims for injurious affection and for disturbance damages. Accordingly, the Tribunal did not rule on the Motion for leave to amend the Amended Notice of Arbitration and ordered the present third CMC to consider a revised Proposed Amended Claim and a new draft Procedural Order.
4Both the revised Proposed Amended Claim and a draft Procedural Order were filed on consent of both Parties.
ORDER
5THE TRIBUNAL ORDERS that:
a. The Motion for leave to amend the Amended Notice of Arbitration in accordance with the draft Amended Amended Notice of Arbitration filed on October 1, 2025 is granted;
b. The Procedural Order attached as Attachment A to this Order is approved.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS VICE CHAIR
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.
Attachment A
ISSUE DATE: October 7, 2025
CASE NO(S).: OLT-23-000849
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.
Claimant: Craigholme Estates Ltd.
Respondent: Thames Valley District School Board
Description: Determination of Compensation
Property Address: 207 Seventh Avenue
Municipality/UT: Municipality of Central Elgin
OLT Case No.: OLT-23-000849
OLT Lead Case No.: OLT-23-000849
OLT Case Name: Craigholme Estates Ltd. v. Thames Valley District School Board
PROCEDURAL ORDER OF THE TRIBUNAL
- 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 Monday, September 28, 2026 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is fifteen (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 Tribunal will not sit on Wednesday, September 30, 2026, Monday, October 12, 2026, and Monday, October 19, 2026.
The parties identified at the case management conference are set out in Attachment 1.
The Claimant’s Notice of Arbitration and Statement of Claim was filed with the Tribunal on or about August 31, 2023 and the Respondent’s Reply was filed with the Tribunal on or about September 15, 2023. On about January 28, 2025, the Claimant filed an Amended Notice of Arbitration, and on about February 27, 2025, the Respondent filed an Amended Reply. The Claimant’s Amended Amended Application and Statement of Claim, in the form agreed upon or as determined by the Tribunal, will be served on the Respondent and filed with the Tribunal on or before October 1, 2025. The Respondent’s Amended Amended Reply will be served on the Claimant and filed with the Tribunal on or before November 17, 2025. The issues are set out in the Claimant’s Amended Amended Notice of Arbitration and the Respondent’s Amended Amended Reply, as set out in Attachment 2. Other than the amendments contemplated above, there will be no changes to the issues except by way of an amendment to a pleading as provided under Rule 7.8 of the Tribunal’s Rules of Practice and Procedure 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.
Set out below are prescribed procedural steps in this matter:
(a) The parties shall exchange Supplementary Affidavits of Documents (and copies of the documents) on or before January 14, 2026.
(b) Appraisal Reports to be relied on by either party shall be served pursuant to Rule 26.28 on or before January 26, 2026.
(c) Examinations for discovery shall be completed by both parties on or before February 13, 2026.
(d) Undertakings of both parties shall be completed on or before March 11, 2026.
(e) Motions arising from examinations and answers to undertakings shall be scheduled on or before April 17, 2026.
Requirements Before the Hearing
The parties agree that, if attendance at mediation is agreed to by both parties after the exchange of expert reports, the parties are to attend and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal on or before August 21, 2026.
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 May 22, 2026 and in accordance with paragraph 22 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 July 24, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the parties may prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 7, 2026.
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 22 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 13 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 paragraphs 13 and 14 below.
On or before June 5, 2026, the parties shall provide copies of their lay and expert witness statements / expert witness reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before June 26, 2026, the parties shall provide copies of their lay and expert reply witness statements / reply expert reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 2, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before September 11, 2026, the parties shall provide copies of their visual evidence to all the other parties in accordance with paragraph 22 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 on or before September 11, 2026.
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 7:00 p.m. the day before that witness gives evidence.
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 fifteen (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 seven (7) days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 18, 2026 (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 during 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 Rule 7, save and except a Lawyer’s Certificate of Service is proof of the full transmission and receipt of the electronic service.
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.
KEY PROCEDURAL DATES
| Steps | Date by which to be Completed |
|---|---|
| Statement of Claim | August 31, 2023 |
| Reply | September 15, 2023 |
| Claimant’s amendments to Claim | October 1, 2025 |
| Respondent’s amendments to Reply, if any | November 17, 2025 |
| Exchange of Supplementary Affidavit of Documents | January 14, 2026 |
| Appraisal Reports to be Relied on by Either Party served pursuant to Rule 26.21 | January 26, 2026 |
| Completion of Examinations for Discovery | February 13, 2026 |
| Undertakings to be answered | March 11, 2026 |
| Motions arising from Examinations or Undertakings to be Scheduled | April 17, 2026 |
| Exchange of Witness Lists | May 22, 2026 |
| Exchange of Expert Witness Statements / Reports / Lay Witness Statements | June 5, 2026 |
| Exchange of Expert Reply Witness Statements / Reply Reports | June 26, 2026 |
| Meeting of Like Experts | July 24, 2026 |
| Experts’ Agreed Statement of Facts, if any | August 7, 2026 |
| Mediation to be conducted before the OLT | August 21, 2026 |
| Confirm with the Tribunal if all Reserved Hearing Dates still Required | September 2, 2026 |
| Exchange of Visual Evidence | September 11, 2026 |
| Joint Book of Documents to be filed | September 11, 2026 |
| Hearing Plan to be filed | September 18, 2026 |
| Hearing – 15 days | September 28, 29, October 1, 2, 5-9, 13-16, 20, 21, 2026 |
Attachment 1
| Party | Party Status | Counsel / Representative |
|---|---|---|
| Craigholme Estates Ltd. | Claimant | Ledroit SABO 46 Ridout Street South London, ON N6C 3W6 Paul Ledroit (LSO #12470Q) T: 519-432-9051 x 200 pledroit@ledroitsabo.com Ondrej Sabo (LSO #62737R) T: 519-432-9051 x 201 osabo@ledroitsabo.com |
| Thames Valley District School Board | Respondent | Strong Nenniger Professional Corporation Unit D, 309 Commissioners Road West London, ON N6J 1Y4 Kenneth Strong (LSO # 42586U) Tel: 519-672-3535 strong@municipallawyers.ca |
Attachment 2
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties, as may be amended as contemplated by section 5 of the Procedural Order.
Attachment 3
ORDER OF EVIDENCE
- Craigholme Estates Ltd.
- Thames Valley District School Board
- Craigholme Estates Ltd., in Reply