1264564 Ontario Limited v. York (Region), 2025 CanLII 134093

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

December 15, 2025

CASE NO.:

OLT-22-004568

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

Claimants:

1264564 Ontario limited, Kleinberg Inn Ltd and Dino Giuliani

Respondent:

Regional Municipality of York

Subject:

Determination of compensation

Property Address/Description:

9770 Highway 27/Widening and re-routing of Major Mackenzie Drive

Municipality:

Vaughan

OLT Case No.:

OLT-22-004568

OLT Case Name:

1264564 Ontario Limited v. York (Region)

BEFORE:

“William R. Middleton”

Monday, the 15^th^

VICE-CHAIR

day of December, 2025

THE TRIBUNAL having issued the Procedural Order on March 4, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on November 3, 2025;

AND THE TRIBUNAL having issued the Amending Procedural Order on August 11, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on April 8, 2026;

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

THE TRIBUNAL ORDERS THAT the seven (7) day Hearing is now scheduled to commence on November 2, 2026 at 10:00 a.m.:

https://global.gotomeeting.com/join/909787981

Access code: 909-787-981

THE TRIBUNAL ORDERS THAT:

(a) The Procedural Order attached as Schedule A shall now govern the conduct of this proceeding and shall supersede all previous Procedural Orders made in this case;

(b) This Vice Chair shall remain seized of this matter for the purpose of ongoing case management, including all motion practice, but shall not be seized in respect of any mediation that may be convened or for the final 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: CASE NO.: OLT-22-004174

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

Claimants:

1264564 Ontario limited, Kleinberg Inn Ltd and Dino Giuliani

Respondent:

Regional Municipality of York

Subject:

Determination of compensation

Property Address/Description:

9770 Highway 27/Widening and re-routing of Major Mackenzie Drive

Municipality:

Vaughan

OLT Case No.:

OLT-22-004568

OLT Case Name:

1264564 Ontario Limited v. York (Region)

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 initiative.

Organization of the Hearing

2. The video hearing will begin November 2, 2026 at 10:00AM as directed by the Tribunal.

https://global.gotomeeting.com/join/909787981

Access Code: 909-787-981

The parties’ initial estimation for the length of the hearing is 7 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.

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

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

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

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

7. The Hearing Plan/Supplementary Order of Evidence shall be provided on or before 7 days before the hearing 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 each 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.

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

Pleadings

9. The Claimant, 1264564 Ontario limited, Kleinberg Inn Ltd & Dino Giuliani, served and filed a Notice of Arbitration and Statement of Claim on October 11, 2022

10. The Respondent, Regional Municipality of York, served and filed its Reply on December 14, 2022.

Discovery

11. Affidavits of Documents (together with production briefs of the documents) have been exchanged.

12. Initial examinations for Discoveries of the representative of each party have been completed.

13. Any motion(s) arising out of the Examinations for Discovery in this matter shall be filed in writing only. The Rules apply in relation to any Motion(s) arising out of the discovery process. Should the parties agree that a motion day is not required, the parties agree to advise the Tribunal as soon as possible.

Further Discovery

14. Pursuant to the Order issued by the Tribunal on November 5, 2025, the Claimants’ shall respond to questions taken under advisement, follow up questions, and produce relevant documentation by January 12, 2026.

15. Further Examination for Discovery of the Claimants’ representative shall be completed by no later than February 16, 2026.

16. All undertakings provided at the Further Examination for Discovery of the Claimants shall be answered by March 27, 2026. If answers to undertakings and/or questions taken under advisement at the Further Examination for Discovery of the Claimants remain outstanding, the Claimants shall provide their position by March 27, 2026, failing which it shall be deemed a refusal. If answers to questions refused at the Further Examination for Discovery are not answered by March 27, 2026, it shall be deemed that the refusal is being maintained.

17. Any motion arising out of the Further Examination for Discovery of the Claimants shall be filed in writing with the Tribunal by May 8, 2026. The OLT Rules apply in relation to any Motion(s) arising out of the discovery process.

Mediation

18. 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.

19. The parties agree that, if participation in a mediation is agreed to by both parties, the parties are to file an Expropriation Mediation Request Form pursuant to Rule 26.5 on or before August 21, 2026.

20. If the parties agree to a mediation, the mediation shall take place on or before October 2, 2026 or as otherwise scheduled by the OLT mediation group.

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 by no later than July 24, 2026.

22. Expert witnesses in the same field shall have a meeting on or before 60 days prior to the commencement of the Hearing 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 October 2, 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. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.

25. On or before June 12, 2026, 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 coordinator.

26. Parties may provide to all other parties and the OLT case coordinator a written response or reply to any written evidence, including reply expert reports, on or before July 31, 2026.

27. Parties may by written motion delivered on or before August 31, 2026 request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply.

Requirements Prior to the Hearing

28. On or before 60 days prior to the start of the hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

29. On or before 10 days prior to the start of the hearing, the parties shall provide copies of their visual evidence to the other party . If a model will be used, parties must have a reasonable opportunity to view it before the hearing.

30. The parties shall cooperate to prepare a joint document book, a joint book of witness statements and books of visual evidence, in PDF format, fully bookmarked containing hyperlinks to all items contained in any table of contents which shall be delivered with the OLT case coordinator on or before 7 days prior to the start of the Hearing.

31. 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.

32. 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 at least 30 days before the hearing date. If either party seeks to exclude or limit the written or oral evidence of any witness, it shall bring a written motion as soon as practicable and in any event by no later than October 1, 2026.

33. The parties shall prepare and file a hearing plan with the Tribunal on or before 7 days prior to the start of the hearing containing a proposed schedule for the hearing that identifies, as a minimum, 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.

34. 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 the Rule 7.

Adjournments

35. No adjournments will be granted before or during the hearing except in accordance with a written motion brought pursuant to Rule 17.

This Vice Chair is seized with respect to all matters set out in this Procedural Order save and except for the hearing of this proceeding.

TRIBUNAL REGISTRAR

Attachment 1 – Identification of Parties and Counsel

Party

Party Status

Counsel / Representative

1264564 Ontario limited, Kleinberg Inn Ltd & Dino Giuliani

Claimants

Emilio Bisceglia Adriana Di Biase

Bisceglia & Associates

Regional Municipality of York

Respondent

Paula Trattner Serena Feeney

Scargall Owen-King LLP

Attachment 2 – Timetable

Exchange Affidavit of Documents

May 30, 2024

Examinations for Discovery

June 30, 2024

Appraisal Reports to be exchanged subject to direction of the Tribunal

Undertakings to be Answered

June 30, 2025

Claimants’ Answers Ordered by the Tribunal on November 5, 2025

January 12, 2026

Any motions arising from Examinations or Undertakings to be requested /scheduled

By written motion as directed by the Tribunal

Any further undertakings to be answered following the motion

By written motion as directed by the Tribunal

Further Examination for Discovery of the Claimants

On or prior to February 16, 2026

Undertakings to be Answered

March 27, 2026

Any motions arising from Examinations or Undertakings to be requested /scheduled

May 8, 2026

Exchange of Expert Witness Statements / Reports / Lay Witness Statements

June 12, 2026

Exchange of Expert Reply Witness Statements

/ Reply Reports

July 31, 2026

Exchange of Witness Lists

July 24, 2026

Meeting(s) of Like Experts

On or prior to September 4, 2026

Agreed Statement of Facts, Written Motion to exclude or limit any written or oral evidence

October 1, 2026

Mediation

October 2, 2026 or as scheduled by the OLT Mediation Group

Request to Admit

October 2, 2026 before hearing

Confirm whether all hearing dates still required

September 4, 2026 before hearing

Arrange for Court Reporter

7 days before hearing

Joint Document Book & Joint Book of Witness Statements, bookmarked with hyperlinks

7 Days before hearing

Visual Evidence

10 Days before hearing

Preparation of Hearing Plan

7 Days before 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

November 2, 2026

Attachment 3 – Issues List

The issues are as set out in the pleadings delivered by the parties.

Attachment 4 – Order of Evidence

The order of presentation of evidence shall be:

1. Case for the Claimants;

2. Case for the Respondent; and

3. Reply by the Claimants.