Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 25, 2025

CASE NO.: OLT-24-001111

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.

Claimant: Paul Roman Wozniak

Respondent: His Majesty The King Represented by The Minister of Transportation

Subject: Determination of compensation

Description: To facilitate determination of compensation

Reference Number: P-4100-0094

Property Address: 7088 Wellington Road 34

Municipality/UT: Puslinch/Wellington

OLT Case No: OLT-24-001111

OLT Lead Case No: OLT-24-001111

OLT Case Name: Wozniak v Ontario (Transportation)

BEFORE:

"William R. Middleton" VICE-CHAIR Friday, the 25th day of April, 2025

THE TRIBUNAL having considered the status of this proceeding and the need for a Procedural Order to be finalized;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order appended hereto as Schedule "A" shall govern the conduct of this proceeding leading up to and including the hearing, which is scheduled to commence on November 3, 2025, for a period of five days; and

2. This Vice Chair shall remain seized of this proceeding for the purpose of ongoing case management including any pre-hearing motions but shall not be seized in respect of any mediations or 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.

SCHEDULE 'A'

CASE NO(S).: OLT-24-001111

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.

Claimant: Paul Roman Wozniak

Respondent: His Majesty The King Represented by The Minister of Transportation

Subject: Determination of compensation

Description: To facilitate determination of compensation

Reference Number: P-4100-0094

Property Address: 7088 Wellington Road 34

Municipality/UT: Puslinch/Wellington

OLT Case No: OLT-24-001111

OLT Lead Case No: OLT-24-001111

OLT Case Name: Wozniak v Ontario (Transportation)

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 on November 3, 2025, at 10:00 a.m. at https://global.gotomeeting.com/join/719383509.

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

4. The parties are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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 shall be as set out in Attachment 3 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.

7. 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.

8. Examinations for discovery of all parties must be completed by no later than June 1, 2025, and any motions in respect of matters arising from such examinations must be filed in writing only by July 1, 2025. Sworn affidavits of documents shall be exchanged by the parties at least 30 days prior to examinations for discoveries.

Requirements Before the Hearing

9. 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 on or before July 1, 2025, and in accordance with paragraph 21 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.

10. Expert witnesses in the same field shall have a meeting on or before August 1, 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 September 1, 2025.

11. 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 12 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.

12. 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. 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 13 below.

13. On or before September 15, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 21 below.

14. On or before October 1, 2025: (a) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required; and (b) a party seeking to limit or exclude the written or oral evidence of any witness must bring a written motion in accordance with Rule 10.3

15. On or before October 7, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. A Party must provide reply witness statements to all other parties and the OLT case co-ordinator by October 7, 2025, in accordance with paragraph 22 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 15, 2025. The joint document book and any other documents filed must be in PDF format with bookmarking and a table of contents with hyperlinks to each described item.

18. 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.

19. 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.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 20, 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.

21. All filings shall be submitted electronically unless otherwise directed. 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 PDF documents filed must be bookmarked and must also contain a table of contents with hyperlinks to each described item.

22. No adjournments or delays will be granted except pursuant to a written motion brought pursuant to Rule 17.

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 1

Party Information

Party: Paul Roman Wozniak Party Status: Claimant Counsel / Representative: LEDROIT SABO 46 Ridout Street South London ON N6C 3W6 Ondrej Sabo Tel: 519-432-9051 ext. 201 osabo@ledroitsabo.com Paul Ledroit Tel: 519-432-9051 ext. 200 pledroit@ledroitsabo.com Anita Jones 519-432-9051 ex. 202 ajones@ledroitsabo.com

Party: His Majesty the King, in Right of the Province of Ontario, represented by the Minister of Transportation in the Province of Ontario Party Status: Respondent Counsel / Representative: ATTORNEY GENERAL FOR ONTARIO Crown Law Office – Civil 720 Bay Street, 8th Floor Toronto, Ontario M5G 2K1 Jonathan Sydor Tel: (416) 689-8279 Fax: (416) 326-4181 Email: jonathan.sydor@ontario.ca

ATTACHMENT 2

Issues List

The issues are as set out in the Claimant's Notice of Arbitration, dated November 8, 2024, and the Respondent's Reply, dated January 10, 2025.

ATTACHMENT 3

Order of Evidence

1. Claimant's Evidence;
2. Respondent's Evidence;
3. Claimant's Reply Evidence, if any.

ATTACHMENT 4

Timetable

Exchange of Affidavit of Documents May 2, 2025 (30 days prior to examinations for discoveries)

Examinations for Discovery June 1, 2025

Any Motions arising from Examinations for Discovery July 1, 2025

Exchange of List of Witnesses July 1, 2025

Meeting(s) of Like Expert Witnesses August 1, 2025

Submission of Statement of Agreed Facts and Issues September 1, 2025

Exchange of Witness or Expert Witness Statements or Reports September 15, 2025

Confirmation if all reserved hearing dates are still required October 1, 2025

Any Motions seeking to limit or exclude written or oral evidence of any witness October 1, 2025

Exchange of Visual Evidence October 7, 2025

Exchange of Reply Witness Statements October 7, 2025

Submission of Joint Document Book October 15, 2025

Submission of Preliminary Hearing Plan October 20, 2025

Hearing (five days) November 3, 2025