Ontario Land Tribunal

Issue Date: March 4, 2025 Case No.: OLT-23-000158

Proceeding commenced under subsection 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended

Claimant: Osmington (Union Station) Inc. Respondent: Metrolinx Subject: Land Compensation Property Address: 65 Front Street Municipality: City of Toronto OLT Case No.: OLT-23-000158 OLT Lead Case No.: OLT-23-000158 OLT Case Name: Osmington (Union Station) Inc. v. Metrolinx

Before: Carrie Hardy, Vice-Chair Date: Tuesday, the 4th day of March 2025

THESE MATTERS having come before the Tribunal for a Case Management Conference on November 23, 2023;

AND THE TRIBUNAL having issued a Procedural Order on December 12, 2023;

AND THE TRIBUNAL having received a request to amend the issued Procedural Order, on consent;

THE TRIBUNAL ORDERS that the Case Management Conference is rescheduled to commence on Monday, April 28, 2025, at 10:00 a.m. on:

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Access code: 927-921-077

AND THE TRIBUNAL ORDERS that the Procedural Order issued on December 12, 2023 is hereby rescinded and that the Procedural Order attached hereto as Schedule "1" is in full force and effect.

"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

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 hearing will begin on June 9, 2025. The format of the hearing (virtual or in-person at 655 Bay Street, Toronto) will be determined at a future date.

3. The parties' initial estimation for the length of the hearing is 40 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.

4. The parties identified at the case management conference are set out in Attachment 1.

5. The issues are as set out in the pleadings. The parties have summarized the main issues in the issues list set out in Attachment 2 to this Order. This list does not detract from or alter the pleadings in any way. It is provided to assist in planning and managing the hearing by summarizing the main issues raised by the pleadings. The parties may modify, supplement or narrow the issues list as the sub-issues become defined.

6. A preliminary order of issues and proposed phasing of the hearing is set out in Attachment 3 to this Order and shall be updated and finalized as the matter progresses and the issues, in particular the sub-issues, become defined. 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.

7. If the hearing is virtual, 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

8. Affidavits of Documents (together with production briefs of the documents), shall be exchanged by May 10, 2024.

9. Appraisal and other expert reports to be relied on by a party, shall be exchanged by November 1, 2024.

10. Examinations for Discovery shall be completed on or before December 20, 2024.

11. Undertaking answers shall be provided on or before February 7, 2025.

12. Any motion(s) arising out of the Examinations for Discovery shall be filed on or before February 28, 2025. The Motion(s) if necessary, shall be brought in writing, subject to the Tribunal's discretion to schedule an oral hearing (upon the request of a party or if so desired by the Tribunal) 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. The parties may bring production motions earlier, in accordance with the Tribunal's Rules of Practice and Procedure. Should the parties agree that a motion day is not required, the parties agree to advise the Tribunal as soon as possible.

13. 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 shall include the areas of expertise and a curriculum vitae for each expert; and for any lay witness, that lay witness' area of involvement in the matter. This list must be delivered on or before February 28, 2025 and in accordance with paragraph 29 below.

14. Expert witnesses in the same field shall have a meeting on or before March 14, 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 March 28, 2025.

15. An expert witness shall prepare a witness statement, which shall attach any reports prepared by the expert (including any supplementary report to any report provided pursuant to paragraph 9) and attach/list any other reports or documents to be relied on at the hearing. Copies of this must be provided to the other parties and to the OLT case coordinator on or before April 11, 2025 and in accordance with paragraph 29 below.

16. 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 17 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 17 below.

17. On or before April 11, 2025, the parties shall provide copies of any outlines of evidence for any expert witness who is under summons and for any non-expert/lay witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 29 below.

18. The Tribunal will conduct a case management pre-hearing conference on consent of the parties on April 28, 2025 at 10:00 a.m. with a view to resolving any outstanding issues related to the hearing (including phasing of the hearing), confirming if all the reserved hearing dates are still required, and confirming (if such confirmation has not already been provided) whether the format of the hearing will be virtual or in-person. The case management pre-hearing conference will be conducted by video conference:

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19. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 25, 2025 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.

20. Parties may provide to all other parties and the OLT case coordinator a written reply to any written evidence (including any reply expert reports) on or before May 9, 2025 after the evidence is received and in accordance with paragraph 29 below.

21. Expert witnesses in the same field shall have a further meeting, following the exchange of expert witness statements, with a view to using best efforts to try to further resolve or reduce the issues for the hearing. Following the experts' meeting(s) the parties shall file a Supplementary Statement of Agreed Facts and Issues (if any) with the OLT case co-ordinator on or before May 16, 2025.

22. The parties are to update or confirm the hearing plan on or before May 23, 2025.

23. On or before May 30, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 29 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

24. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 30, 2025.

25. 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, in advance of the start of the cross-examination of any witness at the hearing.

26. 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 15 days before the Tribunal hears the motion.

27. 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.

28. In the event that a party seeks to exclude all or part of any expert report, witness statement or other written evidence, wherever possible a motion should be brought at least 60 (sixty) days prior to the hearing date. The Tribunal may decline to consider such a motion at the hearing if it is apparent that it could have been brought prior to the hearing.

29. All filings shall be submitted electronically. Hard copies will also be provided unless directed otherwise or unless the nature of the document makes a hard copy impractical. 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.

30. 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 – PARTIES LIST

Party: Osmington (Union Station) Inc. Party Status: Claimant Counsel / Representative: Goodmans LLP 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Ian Andres Tel: 416-597-5160 Email: iandres@goodmans.ca Rodney Gill Tel: 416-597-4136 Email: rgill@goodmans.ca

Party: Metrolinx Party Status: Respondent Counsel / Representative: Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Chris Williams Tel: 416-865-7745 Email: cwilliams@airdberlis.com Timothy Hill Tel: 416-865-3432 Email: thill@airdberlis.com Andrea Skinner Tel: 416-865-3423 Email: askinner@airdberlis.com Danielle Muise Tel: 416-865-3963 Email: dmuise@airdberlis.com

ATTACHMENT 2 – ISSUES LIST

The expropriation proceeding bearing OLT File Nos. OLT-23-000158 raise the following main issue. The parties may provide lists of sub-issues as the matter approaches a hearing and positions raised in the alternative are not captured in the list below. The full issues are set out in the parties' respective pleadings.

1. What is the quantum of compensation owing for the market value and/or disturbance damages (including business losses) arising from the taking of the South Concourse Lands?

Matters such as the appropriate rate of interest, betterment, mitigation, and other concepts that could impact the market value and/or amount of compensation owing are sub-issues that are implicitly included in the issue above, as applicable.

ATTACHMENT 3 – PRELIMINARY PROPOSED PHASING AND ORDER OF HEARING

As the matter progresses and the sub-issues become defined the parties shall update and finalize the phasing for the hearing.

The parties shall make submissions in the following order:

1. Osmington (Union Station) Inc.
2. Metrolinx
3. Osmington (Union Station) Inc. in reply

ATTACHMENT 4 – SUMMARY OF KEY DATES

Date: May 10, 2024 EVENT: Exchange of affidavits of documents

Date: November 1, 2024 EVENT: Expert reports to be exchanged by this date

Date: December 20, 2024 EVENT: Completion of oral discoveries by this date

Date: February 7, 2025 EVENT: Provide answers to undertakings by this date

Date: February 28, 2025; Motion(s) heard by March 28, 2025 EVENT: Filing of any motion(s) arising out of examinations for discovery

Date: February 28, 2025 EVENT: Exchange of witness lists (names, disciplines and order to be called)

Date: March 14, 2025 EVENT: Expert meetings prior to this date

Date: March 28, 2025 EVENT: File Statement of Agreed Facts and Issues (if any)

Date: April 11, 2025 EVENT: Exchange of witness statements

Date: April 25, 2025 EVENT: File preliminary hearing plan

Date: April 28, 2025 EVENT: Case Management Conference

Date: May 9, 2025 EVENT: Exchange of written reply to evidence (including any reply expert reports)

Date: May 16, 2025 EVENT: Further expert meetings and filing of Supplementary Statement of Agreed Facts and Issues (if any) by this date

Date: May 23, 2025 EVENT: Update/confirm hearing plan with the Tribunal

Date: May 30, 2025 EVENT: Exchange of visual evidence

Date: May 30, 2025 EVENT: File Joint Document Book

Date: June 9, 2025 EVENT: Hearing commences (40 hearing days)