ISSUE DATE: March 7, 2025
CASE NO.: OLT-24-001200
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 1207655 Ontario Inc.
Respondent: Metrolinx
Subject: Claim for compensation
Property Address: 1 Thorncliffe Park Drive
Municipality: City of Toronto
OLT Case No.: OLT-24-001200
OLT Lead Case No.: OLT-24-001200
OLT Case Name: 1207655 Ontario Inc.. v. Metrolinx
BEFORE:
ROBERT G. ACKERMAN
MEMBER
Friday, the 7th day of March 2025
THIS MATTER having not yet come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing;
AND THE TRIBUNAL having directed the submission of a draft Procedural Order on consent of all the parties;
AND THE TRIBUNAL having received the requested draft Procedural Order, on consent, and having considered and revised the terms thereof;
THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” is in full force and effect.
AND THE TRIBUNAL ORDERS that a five (5) day hearing will commence on Monday, December 8, 2025 at 10:00 am at:
https://global.gotomeeting.com/join/692665589 Access code: 692-665-589
“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.
SCHEDULE 1
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 Monday, December 8, 2025 at 10:00 am at:
https://global.gotomeeting.com/join/692665589 Access code: 692-665-589
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 Counsel are set out in Attachment 1 to this Order,
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 to this Order. 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 will be as set out in Attachment 4 to this Order.
The Hearing Plan/Supplementary Order of Evidence (“SOE”) shall be provided on or before December 1, 2025 in accordance with paragraph 35. The SOE 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.
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 the phone number as soon as possible.
Parties, counsel and witnesses, are expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Pleadings
The Claimants served and filed a Notice of Arbitration and Statement of Claim on December 11, 2024.
The Respondent served and filed its Reply on January 10, 2025.
Discovery
Affidavits of Documents (together with production briefs of the documents) shall be exchanged on or before Friday, May 2, 2025.
Examinations for Discoveries of the representative of each party shall be completed on or before Friday, June 13, 2025.
Any appraisal reports, supporting evidence/brief of damages, and/or business loss or business valuation reports to be relied upon pursuant to paragraph 24 below, shall be provided by Friday, May 23, 2025, unless the Tribunal orders otherwise as provided by the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.28.
All undertakings provided at the Examination for Discovery of the parties shall be answered on or before Friday, July 11, 2025.
Any motion(s) arising out of the Examinations for Discovery shall be filed with the Tribunal by Friday, July 25, 2025 and shall be heard on a date and time to be determined by the Tribunal, if necessary. The OLT 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 answers to undertakings, 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 any decision by the Tribunal from the discovery motion.
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 Tuesday, August 5, 2025.
If the parties agree to a mediation, the mediation shall take place on or before Friday, September 5, 2025.
Evidence
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 on before Monday, August 8, 2025.
Expert witnesses in the same field shall have a meeting on or before Friday, September 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 on or before Friday, September 26, 2025.
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. 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.
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 26 below.
On or before Friday, October 3, 2025, 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 co-ordinator and in accordance with paragraph 36 below and subject to paragraph 15 above.
Parties may provide to all other parties and the OLT case co-ordinator a written response or reply to any written evidence on or before Friday, October 24, 2025, and in accordance with paragraph 36 below.
Parties may request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply on or before Monday, November 3, 2025 and in accordance with paragraph 36 below. If leave is granted, written sur-replies shall be provided on or before Friday, November 14, 2025.
Requirements Prior to the Hearing
On or before Monday, November 3, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Monday, November 3, 2025, the parties shall provide the Tribunal with their preliminary hearing plan.
On or before Friday, November 14, 2025, the parties shall provide copies of their visual evidence to the other party in accordance with paragraph 36 below. If a model will be used, 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 on or before Friday, November 21, 2025.
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.
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 on or before Friday, October 10, 2025.
The parties shall prepare and file a hearing plan with the Tribunal on or before Monday, December 1, 2025 with the SOE 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.
All filings shall be submitted electronically and in hard copy. 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
- No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1 – Identification of Parties and Counsel
| Party | Party Status | Counsel / Representative |
|---|---|---|
| 1207655 Ontario Inc. | Claimant | THOMSON ROGERS LLP 3100-390 Bay Street Toronto, ON M5H 1W2 Al Burton aburton@trlaw.com 416-868-3113 |
| Metrolinx | Respondent | BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide St. W. Toronto, ON M5H 4E3 Isaac Tang ITang@blg.com 416-367-6143 Katie Butler KButler@blg.com 416-367-6353 |
Attachment 2 – Timetable
| Step | Date |
|---|---|
| Exchange Affidavit of Documents | Friday, May 2, 2025 |
| Appraisal Reports, Damages Brief and Business Valuation/Loss Reports to be exchanged subject to direction of the Tribunal | Friday, May 23, 2025 |
| Examinations for Discovery | Friday, June 13, 2025 |
| Undertakings to be Answered | Friday, July 11, 2025 |
| Any motions arising from Examinations or Undertakings to be requested /scheduled | Friday, July 25, 2025 |
| Any further undertakings to be answered following the motion | 30 days from the date of the discovery motion, if any |
| Mediation Request | Tuesday, August 5, 2025 |
| Exchange of Witness List | By Friday, August 8, 2025 |
| Mediation | By Friday, September 5, 2025 |
| Meeting(s) of Like Experts | By Friday, September 19, 2025 |
| Agreed Statement of Facts | Friday, September 26, 2025 |
| Exchange of Expert and Non-expert Witness Statements | Friday, October 3, 2025 |
| Request to Admit | Friday, October 10, 2025 |
| Exchange of Reply Witness Statements/Reply Reports | Friday, October 24, 2025 |
| Confirm whether all hearing dates still required | Monday, November 3, 2025 |
| Preliminary Hearing Plan | Monday, November 3, 2025 |
| Request leave to provide Sur-Reply | Monday, November 3, 2025 |
| Exchange of Sur-Reply | Friday, November 14, 2025 |
| Visual Evidence | Friday, November 14, 2025 |
| Joint Document Book | Friday, November 21, 2025 |
| Filing of Hearing Plan | Monday, December 1, 2025 |
| 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 | Monday, December 8, 2025 |
Attachment 3 – Issues List
The issues are as set out in the pleadings.
Attachment 4 – Order of Evidence
- Claimant
- Respondent
- Claimant, in reply, if necessary.