Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 3, 2025
CASE NO.: OLT-21-001205
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended and subsection 58 of the Ontario Water Resources Act, R.S.O. 1990 c. O.40
Claimant: Mark & Samira Gancevich
Respondent: Township of Huron-Kinloss
Description: Determination of compensation
Reference Number: N/A
Property Address: 98 Bruce Beach Road
Municipality: Huron-Kinloss
OLT Case No.: OLT-21-001205
OLT Lead Case No.: OLT-21-001205
OLT Case Name: Gancevich v. Huron-Kinloss (Township)
BEFORE:
S. BRAUN VICE-CHAIR
Tuesday, the 3rd day of June, 2025
THE TRIBUNAL ORDERS that further to the Decision issued on May 13, 2025, 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 May 4, 2026. The Tribunal has set aside 5 days for the hearing.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 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
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 Monday, May 4, 2026, at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is five (5) days1. 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.
Issues
- The issues are set out in the Claimants’ Amended Notice of Arbitration and Statement of Claim and the Respondent’s Reply.
Order of Evidence
The order of evidence shall be as set out in Attachment 2 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, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
On consent, the Claimants shall serve and file their Further Amended Application and Statement of Claim on or before Friday, July 25, 2025.
On Consent, the Respondent shall serve and file its Amended Reply on or before Friday, August 22, 2025.
Unsworn Affidavits of Documents of the Claimants and the Respondent have been exchanged. Sworn copies will be provided in advance of the Examinations for Discovery.
Examinations for Discovery will take place approximately on or before Tuesday, September 30, 2025. The Respondent will be responsible for the cost of transcripts associated with all examinations for discovery. Transcripts are to be prepared in an expedited manner.
All undertakings provided at the Examinations for Discovery of the parties will be answered by the parties 60 days following the Examinations for Discovery.
Any motions brought pursuant to Rule 10 of the Tribunal’s Rules, resulting from the Undertakings and Refusals shall be heard, in writing, within thirty (30) days following the receipt of the Answers to Undertakings.
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 of the Tribunal’s Decision on any discovery motion brought in accordance with paragraph 13.
The parties agree that, if attendance at a simplified mediation is agreed to by both parties after the exchange of expert reports, the parties are to attend and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal on or before Friday, August 29, 2025, with mediation briefs being provided at least 10 days before the mediation date. If required, a formal mediation date is to be held on or before Friday, January 30, 2026.
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 Thursday, August 14, 2025, and in accordance with paragraph 29 below. The parties may call additional expert witnesses, not listed on their list of witnesses, where they will tender evidence in a discipline not already being called by that party and where this evidence is restricted to replying to issues raised by the other party’s witness in their witness statement. 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 Friday, December 5, 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 Friday, January 16, 2026.
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 20 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 20 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 20 below.
On or before Thursday, October 30, 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 31 below, in accordance with Rule 26.21.
The parties shall deliver all reply evidence on or before Monday, December 1, 2025.
On or before Friday, April 3, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Thursday, March 5, 2026, the parties shall provide copies of their visual evidence to all 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.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Wednesday, March 25, 2026.
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 7:00 p.m. the day before that witness gives evidence.
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 fifteen (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 on or before Monday, April 20, 2026, 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 Friday, April 24, 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.
The parties shall execute and file a Notice of Readiness for Hearing on or before Friday, January 2, 2026.
On or before Friday, April 3, 2026, the Respondent shall serve a copy of the Notice of Hearing upon all parties.
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
KEY PROCEDURAL DATES
Service and filing of Claimants’ Second Amended Application and Statement of Claim Friday, July 25, 2025
Service and filing of Respondent’s Amended Reply Friday, August 22, 2025
Mediation to be conducted by Friday, August 29, 2025
Exchange of Witness Lists Thursday, August 14, 2025
Examinations for Discovery to be conducted by Tuesday, September 30, 2025
Answers to Undertakings Sixty (60) days after Examinations for Discovery
Motions for Answers to Undertakings to be filed Thirty (30) days after receipt of Answers to Undertakings
Any further undertakings to be answered following the Motion Within 30 days of receipt of the Tribunal’s Order
Exchange of Witness and Expert Statements Thursday, October 30, 2025
Exchange of Reply Witness and Reply Expert Statements Monday, December 1, 2025
Meeting of Experts Friday, December 5, 2025
Further Mediation, if required, to be conducted before the OLT Friday, January 30, 2026
Notice of Readiness for Hearing Friday, January 2, 2026
Filing of Statement of Agreed Facts Friday, January 16, 2026
Exchange of Visual Evidence Thursday, March 5, 2026
Joint Book of Documents to be filed Wednesday, March 25, 2026
Advise if any Hearing Dates can be released Friday, April 3, 2026
Notice of Hearing to be served by Respondent Friday, April 3, 2026
Advise if any Witnesses not being called Monday, April 20, 2026
Hearing Plan to be filed Friday, April 24, 2026
Hearing Monday, May 4 through to Friday, May 8, 2026
ATTACHMENT #1
PARTIES & PARTICIPANTS
Counsel for the Claimants: Gowling WLG (Canada) LLP 345 King Street West Suite 600 Kitchener, ON N2G 1B8
John Doherty Tel: 519-575-7518 John.Doherty@gowlingwlg.com
Jonathan Minnes Tel : 519-569-4561 Jonathan.Minnes@gowlingwlg.com
Jacob Polowin Tel: 613-786-0134 Jacob.Polowin@gowlingwlg.com
Counsel for the Respondent: Donnelly Murphy Lawyers Professional Corporation 18 The Square Goderich, ON N7A 3Y7
Gregory Stewart Tel: 519-524-2154 gstewart@dmlaw.ca
ATTACHMENT #2
ORDER OF EVIDENCE
- Claimants
- Respondent
- Reply of the Claimants