Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 10, 2025
CASE NO.: OLT-22-004813
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant Paul Violo and Teresa Lister
Respondent The Corporation of the Town of Erin
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by the Town of Erin
Property Address: Part of Park Lot 1, Registered Plan 179 Erin Village
Municipality/UT: Erin/Wellington
OLT Case No: OLT-22-004813
OLT Lead Case No: OLT-22-004813
OLT Case Name: Lister v. Erin (Town)
BEFORE:
WILLIAM R. MIDDLETON
Wednesday, the 10th
VICE-CHAIR
day of December, 2025
THIS MATTER involving a claim by the Claimants as against the Town of Erin pursuant to section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26;
AND THE TRIBUNAL having been advised that the parties seek a date for the hearing of this matter and have proposed a draft Procedural Order for the consideration of the Tribunal;
THE TRIBUNAL ORDERS THAT:
(a) The Procedural Order attached to this Order as Schedule “A” shall govern the future conduct of this proceeding leading up to and including the hearing, which is scheduled to commence on September 14, 2026 at 10:00 AM for 8 days; and
(b) This Vice Chair shall remain seized of this proceeding for the purposes of ongoing case management, including all motion practice, but shall not be seized for any mediation which may be convened or for the final hearing of this matter.
“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.
SCHEDULE “A”
ISSUE DATE:
CASE NO(S).: OLT-22-004813
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant Paul Violo and Teresa Lister
Respondent The Corporation of the Town of Erin
Subject: Determination of compensation
Description: For determination by the Tribunal of the compensation to be paid by the Town of Erin
Property Address: Part of Park Lot 1, Registered Plan 179 Erin Village
Municipality/UT: Erin/Wellington
OLT Case No: OLT-22-004813
OLT Lead Case No: OLT-22-004813
OLT Case Name: Lister v. Erin (Town)
- 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 initiative.
Organization of the Hearing
The video hearing will begin on September 14, 2026 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is eight (8) 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 to the hearing are set out in Attachment 1.
The issues are set out in the Claimants’ Notice of Arbitration and Statement of Claim and in the Respondent’s Reply.
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
Unsworn Affidavits of Documents of the Claimants and the Respondent will be exchanged (with sworn copies to follow in advance of Examinations for Discovery) on or before January 30, 2026.
EExaminations for Discovery will take place on or before March 27, 2026All undertakings provided at the Examinations for Discovery of the parties will be answered 30 days following the Examinations for Discovery.
Any motions resulting from documentary or oral discovery shall be filed in writing only on the earlier date of: 30 days following the receipt of the answers to undertakings given on oral discovery or by May 15, 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 April 27, 2026 and in accordance with paragraph 26 below. The parties may call additional expert witnesses, not listed on their list of witnesses, where they will tender evidence in a discipline not already being called by that party and where this evidence is restricted to replying to issues raised by the other party’s witness in their witness statement. 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 August 14, 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 August 26, 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. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.
On or before May 15, 2026 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 26 below.
The parties shall deliver all reply evidence on or before July 29, 2026
On or before July 24, 2026 parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before August 11, 2026, if a party seeks to limit or exclude any written or oral evidence of any witness, the party must file a written motion for that relief.
The parties shall prepare and deliver a joint document book, a joint book of witness statements and a book of visual evidence in PDF format, fully bookmarked with hyperlinks to all items listed in any table of contents which shall be delivered to the Tribunal on or before September 1, 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 Tribunal.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.
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 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 4, 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.
All filings shall be submitted electronically unless otherwise directed. 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.
The Tribunal’s Rule 17 applies to any adjournment requests.
TRIBUNAL REGISTRAR
KEY PROCEDURAL DATES
Exchange of Affidavit of Documents (unsworn) January 30, 2026
Examinations for Discovery to be conducted on or before March 27, 2026
Exchange of Witness Lists April 27, 2026
Exchange of Witness and Expert Statements May 15, 2026
Answers to Undertakings Thirty(30) days following the Examinations for Discovery.
Written Motions for Answers to Undertakings to be filed On or before May 15, 2026
Advise OLT if any hearing dates are no longer required July 24, 2026
Exchange of Reply Witness and Reply Expert Statements July 29, 2026
Written Motion to Limit or Exclude Evidence August 11, 2026
Meeting of Like Experts August 14, 2026
Filing of Statement of Agreed Facts August 26, 2026
Joint Document Books, Joint Book of Witness Statements and Books of Visual Evidence to be filed with full bookmarking and hyperlinks to all items listed in any table of contents September 1, 2026
Hearing Plan to be filed September 4, 2026
Hearing September 14, 2026
ATTACHMENT #1 PARTIES
Counsel for the Claimants:
Duncan, Linton LLP Barristers & Solicitors 45 Erb Street East Waterloo, ON N2J 1L7
Michael van Bodegom
Tel: 519-886-3340 ext. 239
Counsel for the Respondent:
Loopstra Nixon LLP Barristers and Solicitors
100 New Park Place, Unit 303
Vaughan, ON L4K 0H9
Jason Beitchman
Tel: 416-597-5416
Austin Ray
Tel: 416-746-5127
ATTACHMENT #2 ORDER OF EVIDENCE
Claimants
Respondent
Reply of the Claimants, if any