Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 21, 2025
CASE NO.: OLT-23-000480
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: The Norfinch Group Inc.
Respondent: Metrolinx
Subject: Land Compensation
Description: Determination by the Tribunal of the compensation to be paid by Metrolinx for the construction of the Scarborough Subway Extension
Property Address: 2500 Eglington Avenue E
Municipality/UT: Scarborough/Toronto
OLT Case No: OLT-23-000480
OLT Case Name: The Norfinch Group Inc. v. Metrolinx
BEFORE:
M. A. SILLS
VICE-CHAIR
Tuesday, the 21st day of January, 2025
THE TRIBUNAL ORDERS the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on April 28, 2025. The Tribunal has set aside 10 days for the hearing.
“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.
Ontario Land Tribunal
Tribunal ontarien de d’aménagement du territoire
ISSUE DATE: January 21, 2025
CASE NOS.: OLT-23-000480
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimants: The Norfinch Group Inc.
Respondent: Metrolinx
Subject: Claim for Compensation
Property Address/Description: 2500 Eglinton Avenue East
Municality: City of Toronto
OLT Case Nos.: OLT-23-000480
OLT File Nos.: OLT-23-000480
OLT Case Name: The Norfinch Group Inc. v. Metrolinx
PROCEDURAL ORDER
- 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 begin on April 28, 2025 at 10:00 a.m. at:
https://global.gotomeeting.com/join/914098901
ACCESS CODE: 914-098-901
+1 (647) 497-9373 or Toll Free
1-888-299-1889
The parties’ initial estimation for the length of the hearing is ten (10) 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 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.
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.
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
The Claimant, The Norfinch Group Inc., served and filed a Notice of Arbitration and Statement of Claim on June 5, 2023.
The Respondent, Metrolinx, served and filed its Reply on June 26, 2023.
The parties shall exchange their respective Affidavits of Documents and Productions by May 30, 2024.
Examinations for Discovery of the representative of each party shall be completed on or before September 6, 2024.
Each party shall answer their respective undertakings arising from examinations for discovery on or before December 2, 2024.
Any motions arising from either documentary discovery or the Examination for Discovery and answers to undertakings, if necessary, shall be filed, in writing, with the Tribunal by January 15, 2025.
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 from the date of which the Tribunal delivers its reasons on the Motion as described in paragraph 14.
On or by November 15, 2024, the parties shall discuss whether a request should be made for mediation of this matter. If the parties wish to proceed with mediation, a request for mediation shall be submitted to the Tribunal on or by December 20, 2024.
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 January 31, 2025, and in accordance with paragraph 31 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 March 28, 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 April 11, 2025.
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 21 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 21 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 31 below.
On or before March 4, 2025, the parties shall provide copies of their witness statement and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 31 below.
On or before February 28, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before April 18, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 31 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 on or before April 4, 2025 and in accordance with paragraph 31 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 21, 2025.
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.
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 April 18, 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.
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 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 – PARTICIPANT LIST
Party
Party Status
Counsel / Representative
The Norfinch Group Inc.
Claimant
BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West, Suite 3400 Toronto, Ontario M5H 4E3 Frank Sperduti (LSO #40677N) Tel: 416.367.6243 fsperduti@blg.com
Michael Grant (LSO #77317Q) Tel: 416.367.6120 mgrant@blg.com
Metrolinx
Respondent
M&H LLP 61A Jarvis St., Suite 200 Toronto, ON M5C 2H2 Aisling Flarity (LSO #65500B)) Tel: (416) 947-6700 Fax: (416) 947-6703 aisling@mhlawyers.ca
Jessica Karban (LSO #75541D) Tel: (416) 947-6700 ext. 212 Fax: (416) 947-6703 jessica@mhlawyers.ca
ATTACHMENT 2 – ISSUES LIST
OLT File No.: OLT-22-004788
ONTARIO LAND TRIBUNAL IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E.26 AND IN THE MATTER OF AN ARBITRATION
B E T W E E N:
THE NORFINCH GROUP INC.
Claimant
- and -
METROLINX
Respondent
ISSUES LIST
- The issues are as set out in the Pleadings filed with the Tribunal by the parties, as amended, listed below:
a. The Notice of Arbitration and Statement of Claim, dated June 5, 2023; and
b. Reply of Metrolinx, dated June 26, 2023.
ATTACHMENT 3 – ORDER OF EVIDENCE
Claimant’s evidence in-chief
Claimant’s evidence in cross-examination
Respondent’s evidence in-chief
Respondent’s evidence in cross-examination
Claimant’s reply, if any.