Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
April 11, 2025
CASE NO.:
OLT-25-000020
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
2627051 Ontario Inc.
Respondent:
Metrolinx
Description:
Notice of Arbitration
Property Address
28 Overlea Boulevard
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000020
OLT Lead Case No.:
OLT-25-000020
OLT Case Name:
2627051 Ontario Inc v. Metrolinx
BEFORE:
WILLIAM R. MIDDLETON
Friday, the 11^th^
VICE CHAIR
day of April, 2025
THESE MATTERS having come before the Tribunal upon the Parties’ request for a hearing date and to finalize a Procedural Order for this proceeding;
AND THE TRIBUNAL having scheduled a hearing and upon considering the draft Procedural Order submitted by the Parties;
THE TRIBUNAL ORDERS THAT:
The Procedural Order appended as Attachment A hereto shall govern the conduct of this proceeding; and
This Vice Chair shall be seized of all matters concerning the ongoing case management of this matter, but not in respect of any mediations or the final hearing.
“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 “A”
ISSUE DATE: April 11, 2025 CASE NO.: OLT-25-000020
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimants:
2627051 Ontario Inc. et al.
Respondent:
Metrolinx
Subject:
Claim for compensation
Property Address/Description:
28 Overlea Blvd.
Municipality:
City of Toronto
OLT Case No.:
OLT-25-000020
OLT Case Name:
2627051 Ontario Inc 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 video hearing will begin on May 4, 2026 at 10:00 a.m. at:
Join the video event:
https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
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 shall be provided on or before 7 days before the hearing.. 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.
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 or about January 10, 2025.
The Respondent served and filed a Reply on or about February 3, 2025.
Discovery
Affidavits of Documents (together with production briefs of the documents) shall be exchanged by May 23, 2025.
Examinations for Discoveries of the representative of each party shall be completed by July 18, 2025.
Any appraisal reports, supporting evidence/brief of damages and/or business loss or business valuation reports to be relied upon pursuant to paragraph 23 below, shall be provided by June 27, 2025, subject to information obtained through the examinations for discovery process that may result in revisions to the aforementioned reports, unless the Tribunal orders otherwise as provided in 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 by August 15, 2025.
Any motion(s) arising out of the Examinations for Discovery shall be filed in writing only with the Tribunal on or before October 17, 2025, pursuant to Rule 10.3..In no event shall a motion arising out of the Examinations for Discovery be filed after October 17, 2025 except with leave granted by the Tribunal.
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 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 24, 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 by October 17, 2025.
Expert witnesses in the same field shall have a meeting on or before November 21, 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 by December 5, 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 25 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 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 25 below.
On or before December 12, 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 35 below and subject to paragraph 14 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 January 23, 2026 and in accordance with paragraph 35 below.
Requirements Prior to the Hearing
On or before March 27, 2026: (a) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required and provide a hearing plan; and (b) a party seeking to exclude or otherwise limit the written or oral evidence of a party must file a written motion in accordance with Rule 10.3.
On or before April 2, 2026 the parties shall provide copies of their visual evidence to the other party in accordance with paragraph 35 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 April 10, 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 on or before April 24, 2026 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 by February 27, 2026.
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. All materials filed by the Parties in PDF format shall include bookmarks and shall include a detailed table of contents or index with hyperlinks to each of the items shown therein.
Adjournments
- No adjournments or delays will be granted except pursuant to Rule 17.
____________________________
TRIBUNAL REGISTRAR
Attachment 1 – Identification of Parties and Counsel
Party
Party Status
Counsel / Representative
2627051 Ontario Inc. and Kamal El-Din Mohamed, Salih, Vyas, And Elias Dentistry Corporation O/A Overlea Dental (Previously Mohamed, Salih, Vyas, and Elias Dentistry Professional
Corporation)
Claimants
GOLDSTEIN LAW FIRM
306 Manning Ave
Toronto, ON M6J 2K9
Jeff Goldstein
T: 647.838.6740
Metrolinx
Respondent
BORDEN LADNER GERVAIS LLP
Bay Adelaide Centre, East Tower
22 Adelaide Street West
Toronto, ON M5H 4E3
Isaac Tang T: 416.367.6143 itang@blg.com
Katie Butler T: 416.367.6353
Attachment 2 – Timetable
Exchange Affidavit of Documents
May 23, 2025
Appraisal Reports, Damages Brief and Business Valuation/Loss Reports to be exchanged subject to direction of the Tribunal
July 11, 2025
Examinations for Discovery
August 1, 2025
Undertakings to be Answered
August 29, 2025
Any motions arising from Examinations or Undertakings to be requested /scheduled
September 26, 2025
Any further undertakings to be answered following the motion
within thirty (30) days of any decision by the Tribunal from the discovery motion
Mediation Request
September 26, 2025
Exchange of Witness List
October 17, 2025
Mediation
October 24, 2025
Meeting(s) of Like Experts
November 21, 2025
Agreed Statement of Facts
December 5, 2025
Exchange of Expert and Non-expert Witness Statements
December 12, 2025
Exchange of Reply Witness Statements/Reply Reports
January 23, 2026
Request to Admit
February 27, 2026
Request leave to provide Sur-Reply
January 30, 2026
Exchange of Sur-Reply
February 13, 2026
Confirm whether all hearing dates still required
March 27, 2026
Written Motion to exclude or limit evidence
March 27, 2026
Visual Evidence
April 2, 2026
Joint Document Book
April 10, 2026
Filing of Hearing Plan
April 17, 2026
Documents to be used in cross-examination
The day of the hearing
Hearing
May 4 – 8, 2026
Attachment 3 – Issues List
The issues are as set out in the pleadings.
Attachment 4 – Order of Evidence
Claimants
Respondent
Claimants, in reply, if necessary.