Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 07, 2025
CASE NO.:
OLT-21-001821
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Envirosystems Inc.
Respondent:
City of Hamilton
Description:
Determination of compensation
Property Address
70 Brant Street
Municipality/UT:
City of Hamilton
OLT Case No.:
OLT-21-001821
OLT Lead Case No.:
OLT-21-001821
OLT Case Name:
Envirosystems Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Brant St. (Hamilton) Holdings Inc.
Respondent:
City of Hamilton
Description:
Determination of compensation
Property Address
70 Brant Street
Municipality/UT:
City of Hamilton
OLT Case No.:
OLT-21-001359
OLT Lead Case No.:
OLT-21-001821
BEFORE:
G.A. CROSER
the 2nd
MEMBER
day of April, 2025
THIS MATTER having come before the Ontario Land Tribunal for a Telephone Conference Call (“TCC”) on April 2, 2025;
AND THE TRIBUNAL having received a draft Procedural Order in advance of the TCC;
AND THE TRIBUNAL confirmed the Parties’ awareness of Tribunal-led mediation;
AND THE TRIBUNAL at the TCC having scheduled a five-day Hearing to commence on Monday, June 1, 2026 at 10 a.m. and ending on Friday, June 5, 2026 by videoconference;
Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is: 979-388-733.
Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
THE TRIBUNAL ORDERS THAT the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A” shall be in force an effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Monday, June 1, 2026.
“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
TCC Attendance List
Party Name
Counsel
Envirosystems Inc.
Kathleen Chan
Sean Foran (in absentia)
City of Hamilton
Paula Trattner
Matthew Owen-King (in absentia)
Aadil Nathani (in absentia)
SCHEDULE A
ISSUE DATE: April 07, 2025 CASE NO.: OLT-21-001821
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c.E.25, as amended.
Claimant:
Envirosystems Inc.
Respondent:
City of Hamilton
Subject:
Claim for compensation
Property Address/Description:
70 Brant Street Part of Lots 9 and 10 and Part of the Water Lot in Sherman Inlet, Concession 1, Barton and Part of Reserves 1 and 2, Plan 32, City of Hamilton, designated as Part 1 on Plan 62R-18342, being all of PIN 17193-0045 (LT); Part of Reserves 1 and 2, Plan 32, City of Hamilton, designated as Part 2 on Plan 62R-18342, being all of PIN 17193-0048 (LT); and Part of the Water Lot in Sherman Inlet, Concession 1, Barton, City of Hamilton, designated as Part 3 on Plan 62R-18342, being all of PIN 17193-0049 (LT).
Municipality:
City of Hamilton
OLT Case No.:
OLT-21-001821
OLT Case Name:
Envirosystems Inc. v. City of Hamilton
PROCEDURAL ORDER
- The Ontario Land Tribunal (“Tribunal”) may vary or add to the directions in this 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 June 1, 2026 at 10:00 a.m. as ordered by the Tribunal in the Decision endorsing this Procedural Order submitted upon the parties’ consent.
The parties estimate 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 identified are set out in Attachment 1.
The timetable of pre-hearing steps is set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3.
The order in which evidence will be adduced at the hearing shall be provided by a date that is to be determined and is prior to the start of 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.
Requirements Before the Hearing
Pleadings
The Claimant (also referred to as the “Tenant”) served and filed a Notice of Arbitration and Statement of Claim on December 16, 2021.
The Respondent served and filed its Reply on March 3, 2022.
These proceedings were consolidated with another arbitration under the Tribunal Case Number OLT-21-001359 by and Order of the Tribunal dated September 13, 2022.
The parties in the consolidated proceedings (Case Number OLT-21-001359) fully and finally settled their respective claims on market value on or around January 2024 pursuant to Minutes of Settlement executed by the parties and approved by the City of Hamilton’s (the “City”) Council on March 27, 2024 (the “Minutes of Settlement”) .
The Minutes of Settlement stipulate, among other things, that:
o the Tenant’s Tribunal Case (Case Number OLT-21-001821) for a determination of the Tenant’s claims for disturbance damages, including but not limited to business losses and relocation costs, shall be continued by the Tenant, and the Tenant and the City shall file amended pleadings in the Tenant’s Tribunal Case reflecting the circumstances of the settlement and release of claims addressed in the Minutes of Settlement; and
o it is understood and agreed by the Tenant and the City that the City shall have no right of oral or documentary discovery on the issue of the allocation of the Settlement Compensation or interest in any proceedings to determine the Tenant’s final compensation.
A Notice of Application and Amended Statement of Claim shall be served and filed by April 18, 2025.
An Amended Reply shall be served and filed by May 8, 2025.
Documentary and Oral Discoveries
An Affidavit of Documents (together with production briefs of the documents) of the Claimant and Respondent shall be exchanged by September 15, 2025.
Examinations for Discovery of the representative of each party shall be completed by November 21, 2025.
All undertakings provided at the examination for discovery of the parties shall be answered by January 16, 2026.
Any motion(s) arising out of the examinations for discovery shall be filed with the Tribunal by February 27, 2026 and shall be heard on a date and time to be determined by the Tribunal, if necessary. The Tribunal’s Rules of Practice and Procedure (“OLT Rule(s)”) 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 will 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 before the Tribunal, are to be answered, held, and/or provided within thirty (30) days of the Tribunal Order on the motion.
Mediation
- Upon completion of Examinations for Discovery, the parties shall consider and confer on mediation. If the parties agree to a mediation, the parties will attend a mediation by March 23, 2026.
Witnesses and 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. This list must be delivered by April 20, 2026. A party who intends to call an 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.
Expert witnesses in the same field shall have a meeting 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 Tribunal’s case co-ordinator by April 27, 2026.
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 must be provided as in paragraphs 25 and 35 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.
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.
Notwithstanding Rule 26.21, the parties will provide copies of all their respective expert witness reports, and non-expert/lay witness statements, to the other parties and to the Tribunal case co-ordinator by April 3, 2026 and in accordance with paragraph 35 below.
Parties may provide to all other parties and the Tribunal case co-ordinator a written response or reply to any written evidence by May 1, 2026 in accordance with paragraph 35 below.
By April 26, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
By May 18, 2026, the Respondent shall arrange for a court reporter to attend at the hearing.
Any party that intends to rely on visual evidence at the hearing shall provide copies of its visual evidence to the other party by May 21, 2026 in accordance with paragraph 33 below. If a party intends to rely on a model during the hearing, it must provide a reasonable opportunity to the other party to view the model before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the Tribunal case co-ordinator by May 21, 2026 .
A party who provides written evidence of a witness to the other party must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal by May 21, 2026 that the written evidence is not part of their record.
A party 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 fifteen (15) days before the Tribunal hears the motion.
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 OLT Rules 1.4 and 26.3 shall serve such request on the party opposite by May 11, 2026.
The parties shall prepare and file a preliminary hearing plan with the Tribunal by May 21, 2026 with a proposed schedule for the hearing that identifies, at a minimum, the parties participating in the hearing, the preliminary matters (if any) to be addressed, the anticipated 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 OLT Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. OLT Rule 17 applies to such requests.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1 – List of Parties
Party
Party Status
Counsel / Representative
Envirosystems Inc.
Claimant
WeirFoulds LLP 66 Wellington Street West Suite 4100, TD Bank Tower P.O. Box 35 Toronto, ON M5K 1B7
Sean Foran (LSO #31047D) Email: sforan@weirfoulds.com
Katherine Chan (LSO #85394L) Email: kachan@weirfoulds.com
Tel: (416) 365-1110 Fax: (416) 365-1876
City of Hamilton
Respondent
Scargall Owen-King LLP 17 Leader Lane Toronto, ON M5E 1L8
Matthew Owen-King (LSO #52344K) Email: matthew.owen-king@sokllp.com Tel: 416 597-5421
Paula Trattner (LSO #42153V) Email: paula.trattner@sokllp.com Tel: (437) 253-9093
Aadil Nathani (LSO #83145M) Email: aadil.nathani@sokllp.com Tel: 416) 869-2202
Fax: (416) 869-2201
Attachment 2 – Timetable
Notice of Application and Amended Statement of Claim
April 18, 2025
Amended Reply
May 8, 2025
Exchange Affidavit of Documents
September 15, 2025
Examinations for Discovery
By November 21, 2026
Undertakings to be Answered
January 16, 2026
Any motions arising from Examinations or Undertakings to be requested /scheduled
By February 27, 2026
Any further undertakings to be answered following the motion
30 days from the date of the Tribunal Order on the discovery motion
Mediation
To be agreed by the parties. If any, by March 23, 2026
Exchange of Witness List
By April 20, 2026
Meeting of Like Experts and Agreed Statements of Facts and Issues
By April 27, 2026
Exchange of Expert Witness Statements / Reports / Lay Witness Statements
By April 3, 2026
Exchange of Expert Reply Witness Statements / Reply Reports
By May 1, 2026
Written Response or Reply to Written Evidence
By May 1, 2026
Request to Admit
By May 11, 2026
Confirm whether all hearing dates still required
By April 26, 2026
Arrange for Court Reporter
By May 18, 2026
Visual Evidence
By May 21, 2026
Joint Document Book
By May 21, 2026
Confirm order of evidence
By May 21, 2026
Preparation of Hearing Plan
By May 21, 2026
Hearing
June 1 to 5, 2026
Attachment 3 – Issues List
The determination of compensation owed to the Claimant for disturbance damages, including but not limited to business losses and relocation costs pursuant to the Expropriations Act arising from the City of Hamilton’s expropriation of the Claimant’s land as set out in the pleadings.