Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 09, 2025
CASE NO.:
OLT-25-000007
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Skyline Commercial Real Estate Holdings Inc.
Respondent:
Ontario (Ministry of Transportation)
Description:
Determination of compensation
Property Address
303 Dunlop Street
Municipality/UT:
Barrie
OLT Case No.:
OLT-25-000007
OLT Lead Case No.:
OLT-25-000007
OLT Case Name:
Skyline Commercial Real Estate Holdings Inc. v. Ontario (Ministry of Transportation)
BEFORE:
JENNIFER GOLD
Tuesday, the 6^th^
MEMBER
day of May, 2025
UPON THIS CLAIM for compensation having been brought by Skyline Commercial Real Estate Holdings Inc. arising from the expropriation by the Ontario Ministry of Transportation of a portion of the lands municipally known as 303 Dunlop Street, in the City of Barrie;
AND THE TRIBUNAL having proceeded to conduct a second Status Hearing on Tuesday, May 6 2025 held by teleconference;
AND THE TRIBUNAL having received a draft Procedural Order, on consent;
AND THE TRIBUNAL having scheduled a seven-day Hearing on the merits to commence on Thursday, November 13, 2025 at 10 a.m. by videoconference with Monday, November 17, 2025 not being a scheduled day of the Hearing.
Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 638-422-541.
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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
THE TRIBUNAL ORDERS THAT:
The Procedural Order attached hereto as Schedule “A” is in full force and effect.
This Member is not seized.
“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
Skyline Commercial Real Estate Holdings Inc.
Andrea Skinner Ajay Gajaria
Ontario (Ministry of Transportation)
Robert Lawson
SCHEDULE A
ISSUE DATE: MAY 9, 2025 CASE NO(S).: OLT-25-000007
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.
Claimant:
Skyline Commercial Real Estate Holdings Inc.
Respondent:
Ontario (Ministry of Transportation)
Description:
Determination of compensation
Property Address:
303 Dunlop Street
Municipality/UT:
Barrie
OLT Case No:
OLT-25-000007
OLT Lead Case No:
OLT-25-000007
OLT Case Name:
Skyline Commercial Real Estate Holdings Inc. v. Ontario (Ministry of Transportation)
- 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 for phase 1 will begin on November 13, 2025 at 10 a.m. at https://global.gotomeeting.com/join/638422541
The parties’ initial estimation for the length of the hearing for phase 1 is 7 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 procedural order deadlines are found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2.
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 intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
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.
Requirements Before the Hearing
Affidavits of documents (together with production briefs of documents) shall be exchanged by June 16, 2025.
Appraisal reports to be relied on by a party shall be exchanged by July 7, 2025.
Examinations for discovery shall be completed on or before July 15, 2025.
Answers to undertakings shall be provided on or before August 15, 2025.
Any motions arising out of the Examinations for Discovery shall be filed on or before September 5, 2025. The Motion(s) if necessary, shall be brought in writing, subject to the Tribunal’s discretion to schedule an oral hearing (upon the request of a party or if so desired by the Tribunal) on a date and time to be determined by the Tribunal. The Tribunal’s Rules of Practice and Procedure apply in relation to any Motion(s) arising out of the discovery process. The parties may bring production motions earlier, in accordance with the Tribunal’s Rules of Practice and Procedure. Should the parties agree that a motion day is not required, the parties agree to advise the Tribunal as soon as possible.
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 18, 2025 (at least 55 days prior to the start of the hearing) and in accordance with paragraph 28 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 October 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 October 24, 2025 (at least 15 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 19 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 19 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 19 below.
On or before August 8, 2025 (at least 45 days prior to the start of the hearing), the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 28 below.
On or before August 8, 2025 (at least 45 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 28 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before October 1, 2025 (at least 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.
On or before November 3, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 28 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by September 15, 2025.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 3, 2025 (at least 10 days prior to the start of the hearing).
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.
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 shall prepare and file a preliminary hearing plan with the Tribunal on or before November 6, 2025 (at least 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 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.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
____________________________
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF DATES
DATE
EVENT
June 16, 2025
Exchange of affidavits of documents
July 7, 2025
Appraisal reports exchanged by this date
July 15, 2025
Completion of oral discoveries by this date
July 18, 2025
Exchange of witness lists (names, disciplines and order to be called)
August 8, 2025
Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
August 15, 2025
Provide answers to undertakings by this date
September 5, 2025
Filing of any motions arising out of examinations for discovery
September 15, 2025
Exchange of Reply Witness Statements (if any)
October 1, 2025
Experts meeting prior to this date (if any)
October 24, 2025
Agreed Statement of Facts (if any)
Anticipated after Witness Statements (Aug. 8) or Reply (Sept 15) before Hearing Plan (Nov 6).
Mediation
October 1, 2025
Confirm if reserved hearing dates still required
November 3, 2025
Exchange of visual evidence (if any)
November 3, 2025
Finalize Joint Document Book
November 6, 2025
Hearing Plan filed with the Tribunal
November 13, 2025
Hearing commences (Not sitting on November 17, 2025)
ATTACHMENT 2
PARTIES
- SKYLINE COMMERCIAL REAL ESTATE HOLDINGS INC.
Aird & Berlis LLP
181 Bay Street,
Suite 1800
Toronto, ON M5J 2T9
Ajay Gajaria (LSO #63660C)
Tel: 416-865-3065
Email: agajaria@airdberlis.com
Andrea Skinner (LSO# 59082J)
Tel: 416-865-3423
Email: askinner@airdberlis.com
- MINISTRY OF TRANSPORTATION
Ministry of the Attorney General of Ontario
Attorney General for Ontario
Crown Law Office – Civil
720 Bay Street, 8th Floor
Toronto, ON
M7A 2S9
Email: cloc.reception@ontario.ca
Robert Lawson (LSO #40910B)
Tel.: 647-467-7763
Email: robert.b.lawson@ontario.ca
ATTACHMENT 3
ISSUES LIST
Phase 1:
The determination of compensation owed to the Claimant pursuant to the Expropriations Act arising from the MTO’s expropriation of the Claimant’s property interests on account of market value, disturbance damages, and injurious affection relating to the taking and not the construction or use of the subject property for MTO project.
The damages sought by the Claimant are set out in its Statement of Claim and include damages sought for market value, disturbance, injurious affection, interest, reasonable legal, appraisal and other fees and such further and other relief as the Tribunal deems appropriate for the issues in Phase 1 of the hearing.
Phase 2:
All other damages and entitlements of the Claimants under the Expropriations Act not addressed in Phase 1, as set out in its Statement of Claim and any amendments thereto related to impacts to property rights from future MTO (or its agents) activities or works. Issues related to any further disturbance damages, any further injurious affection, reasonable legal, appraisal and other fees and such further and other relief as the Tribunal deems appropriate.
ATTACHMENT 4
ORDER OF EVIDENCE
Skyline Commercial Real Estate Holdings Inc.
Ministry of Transportation
Skyline Commercial Real Estate Holdings Inc. (in reply, if necessary)
ATTACHMENT 5 PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS
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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