Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 5, 2025 CASE NO.: OLT-25-000180
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: The Acorn Development Corporation Respondent: Metrolinx Subject: Determination of compensation Reference Number: YR2849864 Property Address: 13196 Dufferin Street Municipality/UT: King/York OLT Case No: OLT-25-000180 OLT Lead Case No: OLT-25-000180 OLT Case Name: Acorn Development v. Metrolinx
BEFORE: WILLIAM R. MIDDLETON, VICE-CHAIR Friday, the 5th day of December, 2025
THE TRIBUNAL having received communications, on consent, from the Parties as to the scheduling of the hearing of this proceeding on April 12, 2027 and having reviewed and considered a draft Procedural Order prepared by the Parties;
THE TRIBUNAL ORDERS THAT:
The Procedural Order appended hereto as Attachment “A”, shall govern the conduct of this proceeding; and
This Vice Chair shall remain seized for the ongoing case management of this proceeding, including all motion practice, but shall not be seized for the final hearing of this matter or for any mediation that may be convened.
“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: December 5, 2025
CASE NO(S).: OLT-25-000180
PROCEEDING COMMENCED UNDER the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:
Applicant(s)/Appellant(s): The Acorn Development Corporation Subject: Disturbance Damages Property Address/Description: 13196 Dufferin Street, Township of King Municipality: Township of King OLT Case No.: OLT-25-000180 OLT File No.: OLT-25-000180 OLT Case Name: The Acorn Development Corporation v. Metrolinx
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 April 12, 2027 at 10:00 a.m. by videoconference.
GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only line: +1 (647) 497-9373 or (toll free) 1-888-299-1889 Audio-only access code: 660-145-013
The parties’ initial estimation for the length of the hearing is five (5) days. Notwithstanding the initial estimation for the length of the hearing, 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. In the event the parties agree that scheduled hearing days may be released from the Tribunal’s calendar they are to advise the Tribunal immediately.
The list of parties is set out in Schedule A to this Order, together with the procedural timetable of pre-hearing steps.
The issues are as set out in the pleadings, including amendments, if any, as noted in Schedule B to this Order.
The order of evidence shall be as set out in paragraph 36 of this Procedural 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.
Pleadings
The Claimant served and filed a Notice of Arbitration and Statement of Claim (Application and Statement of Claim) on March 14, 2025.
The Respondent served a Reply on April 3, 2025.
The parties may deliver further amended pleadings, if applicable.
Discovery
Affidavits of Documents (together with production briefs of the Schedule A documents) shall be exchanged on or before December 15, 2025.
Examinations for Discoveries of the representative of each party shall be completed by January 31, 2026.
Answers to undertakings shall be exchanged by February 27, 2026.
Re-examination arising out of answers and/or undertakings, if any, shall take place by March 20, 2026.
Any Motion(s) arising from Examinations for Discovery shall be filed on or before April 10, 2026. The Motion(s) if necessary, shall be brought in writing only, subject to the Tribunal’s discretion to schedule an oral hearing on a date and time to be determined by the Tribunal. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process.
Mediation
The parties are directed pursuant to Rule 26.6 to confer to discuss participating in a Mediation for the purpose of resolving all or part of the claim and the parties shall comply with the provisions of Rule 26.7.
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 January 10, 2026.
If the parties agree to a Mediation, the Mediation shall take place on or before April 30, 2026, subject to the scheduling calendar of the Tribunal’s mediation group in the event that the parties utilize the Tribunal’s mediation services.
Evidence
Parties 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 15, 2026.
An expert witness shall prepare an expert report/witness statement, which shall list any reports prepared by the expert and any other reports or documents to be relied on at the hearing. Copies must be provided as in paragraphs 22 to 24 below. 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 paragraphs 22 to 24 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 22 and 23 below.
On or before June 30, 2026 the parties shall exchange expert witness reports and non-expert/lay witness statements and file them with the OLT case coordinator.
The parties shall serve reply expert reports and witness statements, if any, on or before August 28, 2026 and file them with the OLT case coordinator. In the event that a party seeks to exclude or limit the written or oral evidence of any witness, it must bring a written motion for that relief on or before September 11, 2026.
Expert witnesses in the same field shall have a meeting by October 9, 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 coordinator on or before 30 days prior to the start of the hearing.
Requirements Prior to the Hearing
On or before 30 days prior to the hearing the parties shall confirm with the Tribunal that all the reserved hearing dates are still required.
On or before 30 days prior to the hearing the parties shall provide the Tribunal with their preliminary hearing plan.
On or before 15 days prior to the hearing 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 prior to the hearing.
The Parties shall cooperate to prepare a Joint Document Book and a Joint Book of Witness Statements which shall be in PDF format, bookmarked with hyperlinks to all items listed in any tables of contents and shall be filed with the OLT case coordinator on or before 10 days prior to the hearing.
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 7 days prior to the hearing, that the written evidence is not part of their record.
Any party choosing to serve a Request to Admit facts or documents shall serve such Request or Requests on the party opposite no later than November 20, 2026. A Response to Request to Admit shall be served on or before December 10, 2026.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall 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 coordinator, in advance of the start of the cross-examination of any witness at the hearing.
A person wishing to change written evidence, including witness statements or a party seeking to exclude all or part of any written evidence filed by a party, 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 on or before 15 days before the Tribunal hears the motion.
The parties shall update and file the preliminary hearing plan with the Tribunal on or before 7 days prior to 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.
The order of presentation of evidence shall be:
a. case for the Claimant;
b. case for the Respondent; and
c. reply by the Claimant.
- All filings shall be submitted electronically and in hard copy, if requested 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 Rule 7 of the Tribunal’s Rules of Practice and Procedure.
Adjournments
- Tribunal Rule 17 applies to any requests for adjournment of the Hearing.
TRIBUNAL REGISTRAR
Schedule A: List of Parties and Timetable
List of Parties
| Party | Party Status | Counsel / Representative |
|---|---|---|
| The Acorn Development Corporation | Claimant | DAVIES HOWE LLP Lawyers The Tenth Floor 425 Adelaide Street West Toronto, Ontario M5V 3P8 Ava Kanner ava@davieshowe.com Andrew Valela andrewv@davieshowe.com T: 416.977.7088 |
| Metrolinx | Respondent | MATHANY & HIGGS LAW 61A Jarvis Street, Suite 200 Toronto, Ontario M5C 2H2 Christel Higgs christel@mhlawyers.ca T: 416.947.6701 Kristina Bezprozvannykh kristina@mhlawyers.ca T: 416.947.6700 |
Timetable
| Procedural Step | Date |
|---|---|
| Affidavits of Documents | November 21, 2025 |
| Expropriation Mediation Request Form | January 10, 2026 |
| Examinations for Discovery | January 31, 2026 |
| Undertakings to be Answered | February 27, 2026 |
| Re-Examinations, if any | March 20, 2026 |
| Discovery Motions, if any | April 10, 2026 |
| Mediation Hearing | April 30, 2026 |
| Witness List | May 15, 2026 |
| Expert Reports Witness Statements | June 30, 2026 |
| Reply Expert Reports, if any Reply Witness Statements, if any | August 28, 2026 |
| Written Motion to exclude or limit evidence | September 11, 2026 |
| Experts’ Meeting | October 9, 2026 |
| Written motion to change written evidence, if any | in accordance with Rule 10 of the Tribunal’s Rules |
| Statement of Agreed Facts and Issues | 30 days prior to the hearing |
| Confirmation that dates set aside for hearing are still required | 30 days prior to the hearing |
| Preliminary Hearing Plan | 30 days prior to the hearing |
| Parties to notify the Tribunal if the written evidence of a witness is not part of the record | 7 days prior to the hearing |
| Visual Evidence | 15 days prior to the hearing |
| Joint Document Book and Joint Book of Witness Statements | 10 days prior to the hearing |
| Request to Admit | November 20, 2026 |
| Response to Request to Admit | December 10, 2026 |
| Update or confirm the Hearing Plan | 7 days prior to the hearing |
| Cross-Examination Documents | Prior to the start of the cross-examination |
| Hearing | April 12, 2027 |
Schedule B: Issues List
The issues are as set out in the pleadings, including amendments, if any.