ISSUE DATE:
April 25, 2025
CASE NO.:
OLT-24-001005
PROCEEDING COMMENCED UNDER subsection 26 of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Tarlochan Singh
Respondent:
The Regional Municipality of Peel
Subject:
Land Compensation
Property Address:
7566 Mayfield Road, Caledon
Municipality:
The Regional Municipality of Peel
OLT Case No.:
OLT-24-001005
OLT Lead Case No.:
OLT-24-001005
OLT Case Name:
Singh v. Peel (Region)
BEFORE:
HUGH S WILKINS
Friday, the 25th
VICE-CHAIR
day of April 2025
THE TRIBUNAL having issued the Procedural Order on February 21, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on February 17, 2026;
AND THE TRIBUNAL having received a request, on consent of the Parties, to amend some of the procedural timelines contained in the Procedural Order;
THE TRIBUNAL FURTHER ORDERS THAT that the Procedural Order attached as Schedule "1" shall govern the conduct 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.
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
- The video hearing will be conducted from February 17, 2026 to February 23, 2026,
at 10:00 a.m. by video conference.
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
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 participants identified at the case management conference are set out in Attachment 1.
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. 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 shall be as set out in Attachment 4 to this Order. 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 who intends to participate in the hearing, including parties, counsel and witnesses, are expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.
Requirements Before the Hearing
The Claimant served and filed a Notice of Arbitration and Statement of Claim on or about September 10, 2024.
The Respondent served and filed a Reply to the Notice of Arbitration and Statement of Claim on or about October 25, 2024.
The Respondent served a Section 25 Appraisal Report in this matter dated December 12, 2019.
The Claimant shall serve an Appraisal Report in this matter on or before March 14, 2025.
The parties shall consider their participation in early mediation on or before June 20, 2025, and shall contact the Tribunal as soon as possible if they wish to have the mediation conducted by the Tribunal's mediation group.
The parties shall exchange their respective Affidavits of Documents and Productions by July 11, 2025.
Examinations for Discovery of the representative of each party shall be completed on or before August 1, 2025. The parties consent to conducting examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before, September 1, 2025.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be commenced in writing by September 30, 2025, pursuant to Rule 10 of the Tribunal's Rules of Practice and Procedure, or as the Tribunal may direct.
Further answers to undertaking, 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 the Tribunal's Decision on any discovery motion brought in accordance with paragraph 17 or as otherwise directed by the Tribunal.
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 September 1, 2025, and in accordance with paragraph 35 below. 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 on or before September 30, 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 thirty (30) days prior to the start of the hearing.
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 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 35 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 35 below.
On or before October 14, 2025, the Claimant shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 34 below.
On or before November 14, 2025, the Respondent shall provide copies of their witness statements and expert witness statements to the other parties and the OLT case co-ordinator and in accordance with paragraph 34 below.
On or before December 12, 2025, the Claimants shall provide copies of their reply witness statements and expert witness statements to all other parties, and the OLT case co-ordinator, in accordance with paragraph 34 below.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with Rule 10 of the Tribunal's Rules..
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.
The parties agree that, if attendance at a further mediation is agreeable to both parties, to attend and participate in a mediation pursuant to Rule 18 of the Tribunal's Rules of Practice and Procedure, which shall take place on or before December 12, 2025.
On or before thirty-five (35) days prior to the start of the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required and shall bring a motion in writing if either party seeks to exclude or limit any written evidence.
On or before fifteen (15) days prior to the start of the hearing, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 35 below. If a model will be used, all 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, in both electronic and hard copy, on or before ten
(10) days prior to the start of the hearing.
Any documents which may be used by a party in cross examination of an opposing party's witness shall be password protected and 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, on or before the first day of the hearing or in advance of the start of the cross-examination of any witness at the hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before seven (7) days prior to the start of the hearing 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.
All filings shall be submitted electronically and in hard copy, unless otherwise directed by the Tribunal. 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.
No adjournments or delays will be granted before or during the hearing except for serious hardships or illness. The Tribunal's Rule 17 shall apply to requests for adjournment.
TRIBUNAL REGISTRAR
Attachment 1 – List of Parties
Party
Party Status
Counsel / Representative
Tarlochan Singh
Claimant
BISCEGLIA & ASSOCIATES
Professional Corporation 9100 Jane Street Building "A", Suite 200
Vaughan, Ontario L4K 0A4
Emilio Bisceglia (LSO #34568Q)
Hana Tariq (LSO #56961R) Tel: 905.695.5200
Fax: 905.695.5201
Email: ebisceglia@lawtoronto.com htariq@lawtoronto.com
The Regional Municipality of Peel
Respondent
THE REGIONAL MUNICIPALITY OF
PEEL by its solicitors
BORDEN LADNER GERVAIS GERVAIS LLP
Bay Adelaide Centre East Tower
22 Adelaide Street West Toronto, ON M5H 4E3
Liviu Cananau (LSO #54222Q)
Julie Lesage (LSO #*****) Tel.: 416-367-6613
Fax: 416-367-6749
Email: lcananau@blg.com
Attachment 2 – Timetable
Task
Deliverable By
Early Mediation
by June 20, 2025
Exchange Affidavit of Documents
by July 11, 2025
Examinations for Discovery
before August 1, 2025
Undertakings to be Answered
before September 1, 2025
Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled
before September 30, 2025
Any further undertakings to be answered following the motion
Within 30 days of receipt of Tribunal's Order.
Exchange of Witness List
by September 1, 2025
Claimants Witness Statements and Expert Report
by October 14, 2025
Respondent's Witness Statements and Expert Report
by November 14, 2025
Claimants Reply Witness Statements and Reply Expert Report
by December 12, 2025
Further Mediation
by December 12, 2025
Meeting(s) of Like Experts
September 30, 2025
Agreed Statement of Facts
On or before thirty (30) days prior to the start of the hearing
Request to Admit
In accordance with the Rules of Civil Procedure.
Confirm whether all hearing dates still required and commence written motion to exclude evidence if and as required
On or before thirty-five (35) days prior to the start of the hearing
Arrange for Court Reporter
ASAP
Joint Document Book
On or before ten (10) days prior to the start of the hearing
Visual Evidence
On or before fifteen (15) days prior to the start of the hearing
Preparation of Hearing Plan
On or before seven (7) days prior to the start of the 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
February 17, 2026 (5 days)
Attachment 3 – Issues List
- The issues shall be those as set out in the pleadings delivered by the Parties.
a. Notice of Arbitration and Statement of Claim dated September 10, 2024.
b. Reply to the Notice of Arbitration and Statement of Claim dated October 22, 2024.
Attachment 4 – Order of Evidence
Claimant evidence in-chief
Claimant evidence in cross-examination
Respondent evidence in-chief
Respondent evidence in cross-examination
Claimant evidence in Reply, if necessary