1264564 Ontario Limited v. York (Region), 2025 CanLII 19724

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 4, 2025

CASE NO.: OLT-22-004568

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

Claimant: 1264564 Ontario limited, Kleinberg Inn Ltd Dino Giuliani Respondent: Regional Municipality of York Subject: Determination of compensation Description: Widening and re-routing of Major Mackenzie Drive Property Address: 9770 Highway 27 Municipality/UT: Vaughan OLT Case No: OLT-22-004568 OLT Lead Case No: OLT-22-004568 OLT Case Name: 1264564 Ontario Limited v. York (Region)

BEFORE:

“William R. Middleton”

Tuesday, the 4th

VICE CHAIR

day of March, 2025

THE TRIBUNAL having directed the submission of a draft Procedural Order (“PO”) by the parties and having received and considered the draft PO delivered by the parties on consent;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT the seven (7) day Hearing is scheduled to commence on November 3, 2025 at 10:00 a.m.:

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

Access code: 909-787-981

AND THE TRIBUNAL FURTHER ORDERS THAT that the Procedural Order attached as Schedule “A” shall govern the conduct of this proceeding.

AND THE TRIBUNAL FURTHER ORDERS THAT this Vice Chair shall be seized of all matter arising under and in relation to the Procedural Order save and except the final hearing of this proceeding.

“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.

ISSUE DATE: March 4, 2025 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 motion.

Organization of the Hearing

2. The video hearing will begin November 3, 2025 at 10:00AM as directed by the Tribunal in the Decision issued following the Case Management Conference (CMC).

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 Tribunal will not be sitting on November 11, 2025. 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 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.

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 in accordance with paragraph 32 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 ach 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) shall be exchanged by May 30, 2024.

12. Examinations for Discoveries of the representative of each party shall be completed by no later than June 30, 2024. Any appraisal reports 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 the Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 26.21.

13. All undertakings provided at the Examination for Discovery of the parties shall be answered by March 28, 2025. Any questions taken under advisement of either party which are not answered by March 28, 2025 shall be deemed to be a refusal.

14. Any motion(s) arising out of the Examinations for Discovery shall be filed in writing with the Tribunal by May 15, 2025. 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.

15. 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 as directed by the Tribunal in relation to the written motion described in paragraph 14.

Mediation

16. 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.

17. 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 October 17, 2025.

18. If the parties agree to a mediation, the mediation shall take place on or before October 17, 2025 or as otherwise scheduled by the OLT mediation group.

Evidence

19. 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 September 30, 2025.

20. Expert witnesses in the same field shall have a meeting 60 days before 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 co-ordinator 30 days before the commencement of the Hearing.

21. 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 23 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.

22. 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 23 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 23 below.

23. On or before May 30, 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 33 below and subject to paragraph 13 above.

24. 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 September 15, 2025 and in accordance with paragraph 32 below.

25. Parties may by written motion request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply.

Requirements Prior to the Hearing

26. 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.

27. On or before 60 days prior to the start of the hearing the parties shall provide the Tribunal with their preliminary hearing plan.

28. 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 in accordance with paragraph 33 below. If a model will be used, parties must have a reasonable opportunity to view it before the hearing.

29. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 7 days prior to the start of the Hearing.

30. 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.

31. 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 at least 30 days prior to the commencement of the hearing.

32. 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.

33. 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

34. No adjournments will be granted before or during the hearing except in accordance with a written motion brought pursuant to the Tribunal’s 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

Claimant

Emilio Bisceglia Adriana Di Biase

Regional Municipality of York

Respondent

Matthew Owen-King Candace Mak

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

March 28, 2025

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

30 days from the date of the discovery motion, if any

Exchange of Expert Witness Statements / Reports / Lay Witness Statements

May 30, 2025

Exchange of Expert Reply Witness Statements / Reply Reports

September 15, 2025

Exchange of Witness Lists

September 30, 2025

Meeting(s) of Like Experts

September 3, 2025

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

October 3, 2025

Mediation

October 17, 2025 or as scheduled by the OLT Mediation Group

Request to Admit

September 3, 2025 before hearing

Confirm whether all hearing dates still required

September 3, 2025 before hearing

Arrange for Court Reporter

7 days before hearing

Joint Document Book

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 3, 2025

Attachment 3 – Issues List

The determination of compensation and damages owed to the Claimant pursuant to the Expropriations Act arising from the Respondent’s expropriation of the Claimant’s land including market value, injurious affection, and disturbance damages arising from the works along Major Mackenzie Drive from Highway 400 in the east to Highway 50 in the west, together with interest, reasonable legal, appraisal and other costs, and such further and other relief as set out in the Statement of Claim and as the Tribunal deems appropriate.

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.