Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 2, 2025

CASE NO(S).: OLT-24-000574 OLT-24-001015 OLT-25-000030

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

Claimant: Bendale Parkway Limited Respondent: Metrolinx Description: Determination of compensation Property Address: 685-697 McCowan Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000574 OLT Lead Case No.: OLT-24-000574 OLT Case Name: Bendale Parkway Limited v. Metrolinx

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

Claimant: Mirmor Investments Limited Respondent: Metrolinx Description: Determination of compensation Property Address: 3091 Lawrence Avenue East Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001015 OLT Lead Case No.: OLT-24-001015 OLT Case Name: Mirmor Investments Limited v. Metrolinx

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

Claimant: Shoppers Drug Mart Inc. and Shoppers Reality Inc. Respondent: Metrolinx Description: Determination of compensation Property Address: 685-697 McCowan Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-25-000030 OLT Lead Case No.: OLT-25-000030 OLT Case Name: Shoppers Drug Mart Inc. and Shoppers Reality Inc. v. Metrolinx

BEFORE: WILLIAM R. MIDDLETON, VICE-CHAIR Thursday, the 1st day of May, 2025

THE TRIBUNAL having received from the Parties a draft Procedural Order further to the Decision issued on April 4, 2025, and having considered its provisions, including the Parties’ identification of a dispute concerning the mode of the hearing and of the conduct of examinations for discovery;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall govern the conduct of this proceeding leading up to and including the hearing, which is scheduled to commence on May 25, 2026 for a period of 19 days;

2. In the event that the Parties are unable to agree on the manner of mode of the hearing or of the examinations for discovery of each Party’s representative, they shall each deliver written submissions to the Tribunal setting out their respective positions on or before Friday August 29, 2025, following which the Tribunal shall determine both matters and Order accordingly; and

3. This Vice Chair shall remain seized of all matters related to the ongoing case management of this proceeding, including all motion practice, but excluding any mediations and 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.

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 Monday, May 25, 2026 at 10:00 a.m. as directed by the Tribunal in the Decision issued following the Case Management Conference (“CMC”). The format of the hearing will be as further determined by the Tribunal upon submissions from the Parties.

3. The parties’ initial estimation for the length of the hearing is nineteen (19) 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 identified at the CMC are set out in Attachment 1.

5. The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.

6. 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.

7. The order of evidence shall be provided on or before May 8, 2026 in accordance with paragraph 34 below. 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.

8. All parties, counsel and witnesses, are expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Pleadings

9. The Claimants, Bendale Parkway Limited and Mirmor Investments Limited, served and filed a Notice of Arbitration and Statement of Claim on May 30, 2024.

10. The Claimants, Shoppers Drug Mart Inc. and Shoppers Realty Inc., served and filed a Notice of Arbitration and Statement of Claim on January 15, 2025

11. The Respondent, Metrolinx, served and filed its Reply related to Notice of Arbitration and Statement of Claim of the Claimants, Bendale Parkway Limited and Mirmor Investments Limited, on June 19, 2024.

12. The Respondent, Metrolinx, served and filed its Reply related to Notice of Arbitration and Statement of Claim of the Claimants, Claimants Shoppers Drug Mart Inc. and Shoppers Realty Inc., on February 4, 2025.

13. The Claimants, Bendale Parkway Limited and Mirmor Investments Limited, filed an Amended Statement of Claim on February 5, 2025.

14. The Respondent, Metrolinx, filed an Amended Reply to the Bendale Parkway Limited and Mirmor Investments Limited Amended Statement of Claim on March 3, 2025.

Discovery

15. Affidavits of Documents (together with production briefs of the documents) shall be exchanged by August 22, 2025 .

16. Examinations for Discoveries of the representative of each party shall be completed by October 24, 2025. The format of the examinations for discovery will be as further determined by the Tribunal upon submissions from the Parties.

17. All undertakings provided at the Examination for Discovery of the parties shall be answered by November 28, 2025.

18. Any motion(s) arising out of the Examinations for Discovery shall be filed with the Tribunal within thirty (30) days of the deadline in paragraph 17 above and shall be heard on a date and time to be determined by the Tribunal, if necessary. The OLT Rules 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 agree to advise the Tribunal as soon as possible.

19. 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 the OLT’s decision on the discovery motion before the Tribunal.

Mediation

20. The parties have conferred to discuss participating in a mediation for the purpose of resolving all or part of the claim pursuant to Rule 26.6 and the parties shall comply with the provisions of Rule 26.7.

21. 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 February 6, 2026.

22. If the parties agree to a mediation, the mediation shall take place on or before March 20, 2026.

Evidence

23. 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 November 7, 2025.

24. Expert witnesses in the same field shall have a meeting on or before March 20, 2026, 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 April 3, 2026.

25. 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 27 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.

26. 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 27 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 27 below.

27. On or before February 27, 2026, 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 25 above.

28. 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 April 17, 2026, and in accordance with paragraph 35 below.

Requirements Before the Hearing

29. On or before April 24, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required. If any party seeks to limit of exclude the evidence of any other party, it shall deliver a written motion that relief by on or before April 24, 2026.

30. On or before April 24, 2026, 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.

31. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 24, 2026.

32. 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.

33. 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 on or before May 6, 2026.

34. The parties shall prepare and file a hearing plan with the Tribunal on or before May 8, 2026, 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.

35. 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 Tribunal’s Rule 7. All documents in PDF format shall be bookmarked and shall contain a table of contents with hyperlinks to all listed items.

Adjournments

36. The Tribunal’s Rule 17 shall apply to requests for adjournment.

TRIBUNAL REGISTRAR

ATTACHMENT 1

LIST OF PARTIES

Party: Bendale Parkway Limited and Mirmor Investments Limited Party Status: Claimants Counsel / Representative: Rayman Harris LLP 250 The Esplanade, Suite 202 Toronto, ON M5A 1J2 Shane Rayman Tel: 416.597.5406 Email: shane@raymanharris.com Sarah Spitz Tel: 416.306.8707 Email: sarah@raymanharris.com

Party: Shoppers Drug Mart Inc. and Shoppers Realty Inc. Party Status: Claimants Counsel / Representative: Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, Ontaro M5H 4E3 Pitman Patterson Tel: 416.367.6109 Email: ppatterson@blg.com Julie Lesage Tel: 416.367.6276 Email: jlesage@blg.com

Party: Metrolinx Party Status: Respondent Counsel / Representative: Aird & Berlis LLP Brookfield Place, 181 Bay Street Suite 1800 Toronto, ON M5J 2T9 Brendan O’Callaghan (LSO# 30028A) Tel: 416.865.2832 Email: bocallaghan@airdberlis.com Anna Lu (LSO# 80069H) Tel: 416.865.3419 Email: alu@airdberlis.com

ATTACHMENT 2

TIMETABLE

Discovery Exchange Affidavit of Documents: August 22, 2025 Examinations for Discovery: October 24, 2025 Undertakings to be Answered: November 28, 2025 Any motions arising from Examinations or Undertakings to be requested /scheduled: 30 days from the deadline for answers to undertakings Any further undertakings to be answered following the motion: 30 days from the OLT’s decision on the discovery motion, if any

Mediation Filing of Expropriation Mediation Request Form: February 6, 2026 Mediation: March 20, 2026

Evidence Exchange of Witness List and order to be called: November 7, 2025 Exchange of Expert Witness Statements / Reports / Lay Witness Statements: February 27, 2026 Meeting(s) of Like Experts: March 20, 2026 Agreed Statement of Facts: April 3, 2026 Exchange of Expert Reply Witness Statements / Reply Reports/ Lay Witness Reply Witness Statements: April 17, 2026

Requirements before the Hearing Confirm whether all hearing dates still required. File written motion to limit or exclude any evidence.: April 24, 2026 Visual Evidence: April 24, 2026 Joint Document Book: April 24, 2026 Request to Admit: May 6, 2026 Preparation of Hearing Plan: May 8, 2026 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 (19 days) May 25, 2026 to June 19, 2026

ATTACHMENT 3

ISSUES LIST

1. The issues are as set out in the pleadings.

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.

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