Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 28, 2025
CASE NO.: 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
BEFORE:
S. COOKE VICE-CHAIR
Friday, the 17^th^ day of October, 2025
THE TRIBUNAL ORDERS that further to the Decision issued on July 9, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on September 14, 2026. The Tribunal has set aside 5 days for the hearing.
“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.
ISSUE DATE: October 28, 2025 CASE NO.: 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
FRESH AS 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 14, 2026, at 10:00 a.m. by video conference.
AT: 10:00 AM ON: September 14-18, 2026 AT: https://global.gotomeeting.com/join/638422541 Access Code: 638-422-541
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 served and filed a Statement of Claim on Monday, September 16, 2024.
Metrolinx served and filed a Reply on or about Wednesday, October 9, 2024.
Metrolinx served its Affidavit of Documents and Productions on the Claimant on May 16, 2025.
The Claimant shall serve its Affidavit of Documents and Productions on Metrolinx by Friday, September 26, 2025.
On or before thirty (30) days after the exchange of Affidavits of Documents as set out in paragraph 13, the parties shall contact Katharyne Goshulak, Simplified Mediation Case Coordinator, to inquire about mediation dates no later than December 2025.
On or before forty-five (45) days in advance of the mediation hearing, the parties shall exchange, on a without prejudice basis, a preliminary witness list.
On or before thirty (30) days in advance of the mediation hearing, the parties shall exchange, on a without prejudice basis, preliminary witness statements and/or expert reports, for use at the mediation.
The parties shall exchange and file with the Tribunal their mediation brief no later than 10 business days from the date of mediation.
Examinations for Discovery of the representative of each party shall be completed on or before forty-five (45) days after the mediation hearing. 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 fifty (50) days after examinations for discovery.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard, in writing, on or before thirty (30) days after the delivery of answers to their respective undertakings 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 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. This list must be delivered one hundred and twenty (120) days in advance of the start of the hearing, 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 fourteen (14) days after the exchange of witness statements and expert witness statements as set out in paragraph 26, 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 thirty (30) days in advance of the start of the hearing.
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 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 26 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 eighty (80) days in advance of the start of the hearing, 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.
Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before forty (40) days after the exchange of witness statements and expert witness statements as set out in paragraph 26, 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 seven (7) days before the hearing that the written evidence is not part of their record.
On or before forty-five (45) days prior to the start of the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before fifteen (15) 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 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 seven (7) days prior to the start of the hearing.
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 thirty (30) days prior to the start of the hearing 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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
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 |
|---|---|
| Notice of Arbitration | August 30, 2023 |
| Statement of Claim | Monday, September 16, 2024 |
| Reply | Wednesday, October 9, 2024 |
| Metrolinx’s Affidavit of Documents | Friday, May 16, 2025 |
| Claimant’s Affidavit of Documents | Friday, September 26, 2025 |
| Contact Tribunal to Schedule Mediation | thirty (30) days after the exchange of Affidavits of Documents |
| Exchange of Without Prejudice Preliminary Witness List | forty-five (45) days in advance of the mediation hearing October 24, 2025 |
| Exchange of Without Prejudice Preliminary Witness Statements and/or Expert Reports | thirty (30) days in advance of the mediation hearing |
| Exchange of mediation briefs | no later than 10 business days from the date of mediation |
| Mediation | On or before February 28, 2026 |
| Examinations for Discovery | on or before forty-five (45) days after the mediation hearing. |
| Undertakings to be Answered | on or before fifty (50) days after examinations for discovery |
| Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled | on or before thirty (30) days after the delivery of answers to their respective undertakings |
| Any further undertakings to be answered following the motion | Within 30 days of receipt of Tribunal’s Order. |
| Exchange of Witness List | One hundred and twenty (120) days in advance of the start of the hearing |
| Exchange of Witness Statements or Expert Reports | On or before eighty (80) days in advance of the start of the hearing |
| Meeting(s) of Like Experts | on or before fourteen (14) days after the exchange of witness statements and expert witness statements as set out in paragraph 26 |
| Exchange of Expert Reply Witness Statements / Reply Reports | on or before forty (40) days after the exchange of witness statements and expert witness statements as set out in paragraph 26 |
| Agreed Statement of Facts | on or before thirty (30) days in advance of the start of the hearing |
| Request to Admit | In accordance with the Rules of Civil Procedure. |
| Confirm whether all hearing dates still required | On or before forty-five (45) days prior to the start of the hearing |
| Arrange for Court Reporter | ASAP |
| Joint Document Book | on or before seven (7) days prior to the start of the hearing |
| Visual Evidence | On or before fifteen (15) days prior to the start of the hearing |
| Preparation of Hearing Plan | on or before thirty (30) days prior to the start of the hearing |
| 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 | September 14-18, 2026 |
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
Claimant evidence in cross-examination
Metrolinx evidence in-chief
Metrolinx evidence in cross-examination
Claimant evidence in Reply, if necessary