Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 17, 2025

CASE NO.: OLT-25-000050

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.

Claimant: 2528367 Ontario Inc.

Respondent: The Regional Municipality of Durham

Subject: Determination of compensation

Description: To facilitate determination of compensation

Reference Number: DR2256538

Property Address: 721-723 Dundas Street West

Municipality/UT: Whitby/Durham

OLT Case No: OLT-25-000050

OLT Lead Case No: OLT-25-000050

OLT Case Name: Supreme Homes v. Whitby (Town)

BEFORE:

S. TOUSAW VICE-CHAIR

Friday, the 17th day of October, 2025

THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”), and the Tribunal having issued the Procedural Order on May 26, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on April 13, 2026;

AND THE TRIBUNAL having received a request, on consent of the Parties, to amend some of the procedural timelines contained in the Procedural Order;

THE TRIBUNAL ORDERS that the Procedural Order is amended as noted in Attachment “A” to this Order.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN 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”

OLT Case No.: OLT-25-000050

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:

2528367 ONTARIO INC. Claimant

and

THE REGIONAL MUNICIPALITY OF DURHAM Respondent

AMENDED PROCEDURAL ORDER

1. 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

2. The video hearing will begin Monday, April 13, 2026, at 10:00 a.m. as directed by the Tribunal in the Notice of Hearing. https://global.gotomeeting.com/join/927921077 Access Code: 927-921-077

3. 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.

4. The Parties and Counsel are set out in Attachment 1 to this Order.

5. The Procedural Timetable of pre-hearing steps is set out in Attachment 2 to this Order.

6. The issues are set out in Attachment 3 to this Order.

7. The Order of Evidence will be as set out in Attachment 4 to this Order.

8. The Hearing Plan shall be provided on or before Friday, March 13, 2026, in accordance with paragraph 33 and shall provide for opening statements and closing argument, if applicable, with time estimates for each, and shall name each witness to be called, the area of expertise for ach witness, if applicable, and the estimated duration for each direct, cross and re-direct examination. 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.

9. Parties, counsel and witnesses, are expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Pleadings

10. The Claimant, 2528367 Ontario Inc., served and filed a Notice of Arbitration and Statement of Claim on January 20, 2025

11. The Respondent, The Regional Municipality of Durham, served and filed its Reply on January 30, 2025.

12. The Claimant shall file on consent or by way of motion an Application and Amended Statement of Claim by Friday, May 2, 2025.

13. The Respondent shall file an Amended Reply on or before Friday, May 23, 2025.

Discovery

14. Affidavits of Documents (together with production briefs of the documents) shall be exchanged on or before Friday, June 27, 2025.

15. Examinations for Discoveries of the representative of each party shall be completed on or before Friday, September 19, 2025 Friday, November 14, 2025~~, with the Respondent being examined through Written Interrogatories~~. The cost of a court reporter and any transcripts associated with all examinations for discovery shall be the responsibility of the party requesting the hiring of a court reporter or whom is ordering a transcript. The Respondent shall arrange, at its own expense, for the attendance of a verbatim report to record, in writing, all oral evidence submitted before the Tribunal. Any appraisal reports to be relied upon pursuant to paragraph 24 25 below, shall be provided at least 15 days prior to the Examinations for Discovery, unless the Tribunal orders otherwise as provided in the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.21.

16. All undertakings provided at the Examination for Discovery of the Claimant, and Answers to the Written Interrogatories of the Respondent shall be answered within 60 days following the Examinations for Discovery or service of Written Interrogatories.

17. Any motion(s) arising out of the Examinations for Discovery shall be filed with the Tribunal within 30 days following receipt of the Answers to Undertakings.

18. 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 discovery motion or as otherwise Ordered by the Tribunal.

Mediation

19. The parties agree that, if participation in a mediation is agreed to by both parties, the parties are to file with the Registrar an Expropriation Mediation Request Form pursuant to Rule 26.5 on or before Friday, September November 7, 2025.

20. If the parties agree to a mediation, the mediation shall take place on or before Wednesday, December 31, 2025.

Evidence

21. 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 on or before Friday, March 12 13, 2026. 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.

22. Expert witnesses in the same field shall have a meeting Friday, January Tuesday, February 10, 2026, 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 Wednesday, January 28 Friday, February 27, 2026.

23. 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 26 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. The 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 and a signed Acknowledgement of Expert’s Duty.

24. 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 26 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.

25. On or before Friday, October 17, 2025, the parties shall provide copies of their respective expert witness reports and non-expert/lay witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 36 32 below and subject to paragraph 22 above. On or before Wednesday, December 17, 2025, the parties shall provide copies of their respective non-expert/lay witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 32 below.

26. Parties may provide to all other parties and the OLT case co-ordinator a written response or reply to any written evidence on or before Monday, December 1, 2025 Tuesday, January 27, 2026, and in accordance with paragraph 36 32 below.

Requirements Prior to the Hearing

27. On or before Thursday, February 12 Wednesday, March 4, 2026, the parties shall a) confirm with the Tribunal if all the reserved hearing dates are still required and b) commence a motion if it is sought to limit or exclude any written or oral evidence.

28. On or before Friday, April 3, 2026, the parties shall provide copies of their visual evidence to the other party in accordance with paragraph 36 32 below. If a model will be used, parties must have a reasonable opportunity to view it before the hearing.

29. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, April 6, 2026.

30. 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 on or before Monday, April 6, 2026 that the written evidence is not part of their record.

31. 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 Tribunal Rules 1.4 and 26.3 shall serve such request on the party opposite on or before Friday, March 13, 2026.

32. 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 the Rule 7.

Adjournments

33. 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 – Identification of Parties and Counsel

Party 2528367 Ontario Inc.

Party Status Claimant

Counsel / Representative Gowling WLG (Canada) LLP 345 King Street West Suite 600 Kitchener, ON N2G 1B8 Robert Ackerman Tel: 519-575-7524 Robert.ackerman@gowlingwlg.com Kevin Dias Tel: 519-575-7527 Kevin.dias@gowlingwlg.com

Party The Regional Municipality of Durham

Party Status Respondent

Counsel / Representative The Regional Municipality of Durham 605 Rossland Road East Whitby, ON L1N 6A3 Adnan Naeem Tel: 905-668-4113 ext. 2026 adnan.naeem@durham.ca Alexander McPherson Tel: 905-668-4113 ext. 1792 alexander.mcpherson@durham.ca

Attachment 2 – Timetable

Application & Amended Statement of Claim to be filed on consent or by way of motion by Friday, May 2, 2025

Amended Reply to be filed on consent or by way of motion by Friday, May 23, 2025

Exchange of Affidavit of Documents with production brief Friday, June 27, 2025

Appraisal Reports to be exchanged subject to direction of the Tribunal At least 15 days prior to the Examinations for Discovery

Supplementary Affidavit of Documents and productions Friday, September 5, 2025

Examinations for Discovery & Written Interrogatories Friday, September 19, 2025 Friday, November 14, 2025

Filing of Expropriation Mediation Request Form Friday, September 26, 2025 Friday, November 7, 2025

Exchange of Expert Witness Statements / Reports / Lay Witness Statements Friday, October 17, 2025

Exchange of Non-Expert/Lay Witness Statements Wednesday, December 17, 2025

Exchange of Expert Reply Witness Statements / Reply Reports Monday, December 1, 2025 Tuesday, January 27, 2026

Mediation prior to Wednesday, December 31, 2025

Undertakings to be Answered 60 days after completion of Examinations for Discovery and Written Interrogatories

Any motions arising from Examinations or Undertakings to be requested /scheduled 30 days from the deadline for answers to undertakings

Any further undertakings to be answered following the motion 30 days from the date of the discovery motion, if any

Meeting(s) of Like Experts Friday, January 9, 2026 Tuesday, February 10, 2026

Respondent to Arrange for Court Reporter for Hearing Friday, February 13, 2026

Agreed Statement of Facts Wednesday, January 28, 2026 Friday, February 27, 2026

Confirm whether all hearing dates still required Thursday, February 21, 2026 Wednesday, March 4, 2026

Request to Tribunal for leave to file Sur-Reply Friday, March 6, 2026

Exchange of Witness List Friday, March 12 13, 2026

Request to Admit Friday, March 13, 2026

Filing of Preliminary Hearing Plan Friday, March 13, 2026

Visual Evidence Friday, April 3, 2026

Joint Document Book Monday, April 6, 2026

Advise OLT if witness no longer required Monday, April 6, 2026

Filing of Final Hearing Plan Monday, April 6, 2026

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 Monday, April 13, 2026

Attachment 3 – Issues List

The issues are as set out in the pleadings.

Attachment 4 – Order of Evidence

1. Claimant, 2528367 Ontario Inc.
2. Respondent, The Regional Municipality of Durham
3. Reply, Claimant (if necessary)