Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 19, 2025
CASE NO.: OLT-24-000959
PROCEEDING COMMENCED UNDER subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Toronto Standard Condominium Corporation No. 2291
Respondent: Metrolinx
Description: Determination of compensation
Reference Number: Plan of Expropriation AT5197132
Property Address: 6-16 Foundry Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000959
OLT Lead Case No.: OLT-24-000959
OLT Case Name: Toronto Standard Condominium Corporation No. 2291 v. Metrolinx
BEFORE:
BITA M. RAJAEE
Friday, the 14th
MEMBER
of February, 2025
UPON APPEAL having been brought pursuant to section 26(2) of the Expropriations Act by Toronto Standard Condominium Corporation No. 2291 (“Claimant”) against Metrolinx as a result of the partial expropriation, registered on July 29, 2019, of the property located at 6-16 Foundry Avenue, in the City of Toronto by Metrolinx to support infrastructure improvements for GO Transit rail facilities;
AND THE TRIBUNAL noting no issues raised with the Tribunal-issued Notice of Case Management Conference (“CMC”);
AND THE TRIBUNAL confirming the Parties’ awareness of Tribunal-led mediation;
AND THE TRIBUNAL, having heard and considered submissions regarding the start date of the Hearing, and agreeing with the Claimant that the Hearing should not be delayed further, and finding that Metrolinx did not provide compelling reasons that the Hearing could not commence on a date that Metrolinx had previously suggested; all witnesses were available; and the conflict raised by Metrolinx (the possibility of another Hearing being scheduled) remained a hypothetical contingency and not an obstacle to scheduling the Hearing. At the CMC, therefore, the Tribunal scheduled a ten-day Hearing to commence on Tuesday, February 17, 2026 by videoconference, with the following details:
Tuesday, February 17, 2026 to Tuesday, March 3, 2026 at 10 a.m. (with the Tribunal not sitting on March 2, 2026)
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
Audio-Only Telephone Line: +1 (647) 497-9373 or Toll Free 1-888-299-1889
Audio-Only access Code: 979-388-733
NOW THEREFORE,
THE TRIBUNAL ORDERS THAT:
The Procedural Order appended as Attachment 2 shall govern the conduct of this proceeding.
The Hearing is scheduled as detailed above.
This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Euken Lui”
EUKEN LUI
ACTING 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 1
CMC Attendance List
Party Name
Counsel
Toronto Standard Condominium Corporation No. 2291
Andrew Valela
Ava Kanner (in absentia)
Metrolinx
Kristina Bezprozvannykh
Ian Mathany (in absentia)
Christel Higgs (in absentia)
ATTACHMENT 2
ISSUE DATE: February 19, 2025 CASE NO(S).: OLT-24-000959
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): Toronto Standard Condominium Corporation No. 2291
Subject: Market Value, Disturbance Damages
Property Address/Description: 6-16 Foundry Avenue
Municipality: City of Toronto
OLT Case No.: OLT-24-000959
OLT File No.: OLT-24-000959
OLT Case Name: Toronto Standard Condominium Corporation No. 2291 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 Tuesday, February 17, 2026 at 10:00 a.m. by videoconference.
The parties’ initial estimation for the length of the hearing is ten 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 38 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 on September 20, 2024.
The Respondent served a Reply on October 8, 2024.
The Claimant served a Notice of Arbitration and Fresh as Amended Statement of Claim on November 11, 2024 and filed it on December 20, 2024.
The Respondent served a Fresh as Amended Reply on December 17, 2024 and filed it on December 23, 2024.
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 by April 8, 2025.
Examinations for Discoveries of the representative of each party shall be completed by May 6, 2025. Any appraisal report to be relied upon pursuant to paragraph 21 below, shall be provided at least 15 days prior to the Examinations for Discovery, unless the Tribunal orders otherwise as provided in Rule 26.21 the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”).
Answers to undertakings shall be exchanged by June 3, 2025.
Re-examination arising out of answers and/or undertakings, if any, shall take place by June 17, 2025.
Any Motion(s) arising from Examinations for Discovery shall be filed on or before July 8, 2025. The Motion(s) if necessary, shall be brought in writing, 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 June 10, 2025.
If the parties agree to a Mediation, the mediation shall take place on or before November 21, 2025.
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 July 29, 2025.
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 24 and 25 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 24 and 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 24 below.
On or before July 31, 2025 the Claimant shall provide copies of its expert witness reports and non-expert/lay witness statements and file them with the OLT case co-ordinator.
On or before September 11, 2025, the Respondent shall provide copies of its expert witness reports and non-expert/lay witness statements and file them with the OLT case co-ordinator.
The Claimant shall serve its reply expert reports and witness statements, if any, on or before October 9, 2025 and file them with the OLT case co-ordinator. Parties may request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply on or before October 16, 2025. If leave is granted to file sur-reply than same must be filed in advance of the like experts’ meeting.
Expert witnesses in the same field shall have a meeting by December 19, 2025 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 January 23, 2026.
Requirements Prior to the Hearing
On or before January 16, 2026, prior to the hearing the parties shall confirm with the Tribunal that all the reserved hearing dates are still required.
On or before January 16, 2026, prior to the hearing the parties shall provide the Tribunal with their preliminary hearing plan.
On or before February 6, 2026, 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 which shall be filed with the OLT case co-ordinator on or before February 6, 2026, 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 January 20, 2026, that the written evidence is not part of their record.
Any party choosing to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure, incorporated by reference in Tribunal Rule 1.04 and 26.3, shall serve such Request or Requests on the party opposite no later than December 19, 2025. A Response to Request to Admit shall be served on or before January 30, 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 co-ordinator, on or before February 13, 2026, or 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, 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 January 23, 2026.
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 update and file the preliminary hearing plan with the Tribunal on or before February 9, 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. 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
- No adjournments or delays will be granted before or during the Hearing except for serious hardship or illness. Tribunal Rule 17 applies to such requests.
TRIBUNAL REGISTRAR
Schedule A: List of Parties and Timetable
List of Parties
Party
Party Status
Counsel / Representative
Toronto Standard Condominium Corporation No. 2291
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 Ian Mathany ian@mhlawyers.ca Kristina Bezprozvannykh kristina@mhlawyers.ca T: 416.947.6700
Timetable
Procedural Step
Date
Affidavits of Documents
April 8, 2025
Examinations for Discovery
May 6, 2025
Undertakings to be Answered
June 3, 2025
Expropriation Mediation Request Form
June 10, 2025
Re-Examinations, if any
June 17, 2025
Discovery Motions, if any
July 8, 2025
Witness List
July 29, 2025
Claimant’s Expert Reports Claimant’s Witness Statements
July 31, 2025
Respondent’s Expert Reports Respondent’s Witness Statements
September 11, 2025
Reply Expert Reports, if any Reply Witness Statements, if any
October 9, 2025
Leave to provide written sur-reply
October 16, 2025
Mediation
November 21, 2025
Experts’ Meeting
December 19, 2025
Request to Admit
December 19, 2025
Confirmation that dates set aside for hearing are still required
January 16, 2026
Preliminary Hearing Plan
January 16, 2026
Parties to notify the Tribunal if the written evidence of a witness is not part of the record
January 20, 2026
Motion to change written evidence, if any
January 23, 2026
Statement of Agreed Facts and Issues
January 23, 2026
Response to Request to Admit
January 30, 2026
Visual Evidence
February 6, 2026
Joint Document Book
February 6, 2026
Update or confirm the Hearing Plan
February 9, 2026
Cross-Examination Documents
February 13, 2026
Hearing
February 17, 2026
Schedule B: Issues List
The issues are as set out in the pleadings, including amendments, if any.