ISSUE DATE:
August 20, 2025
CASE NO.:
OLT-25-000544
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
The Pentecostal Assemblies of Canada as Trustee for Hiway Church
Respondent:
His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation
Description:
Determination of Compensation
Property Address:
528 Penetanguishene Rd. and 540 Penetanguishene Rd.
Municipality/UT:
Township of Springwater/County of Simcoe
OLT Case No.:
OLT-25-000544
OLT Lead Case No.:
OLT-25-000544
OLT Case Name:
The Pentecostal Assemblies of Canada v. The Minister of Transportation
BEFORE:
WILLIAM R. MIDDLETON
Wednesday, the 20th
VICE-CHAIR
day of August 2025
THIS MATTER having come before the Ontario Land Tribunal (the "Tribunal") in respect of the claims of The Pentecostal Assemblies of Canada as Trustee for Hiway Church as against His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation (collectively, the "Parties") for compensation pursuant to section 26 of the Act arising from the expropriation of part of the lands municipally known as 528 Penetanguishene Road and 540 Penetanguishene Road;
AND THE TRIBUNAL having received from the Parties the submission of a draft Procedural Order, on consent;
NOW THEREFORE;
THE TRIBUNAL ORDERS THAT:
- The hearing of this proceeding is scheduled to commence for a period of ten (10) days on October 5, 2026, at 10:00 a.m. on:
https://global.gotomeeting.com/join/660145013 Access code: 660-145-013
The Tribunal will not be sitting on October 12, 2026 and October 19, 2026;
The Procedural Order attached hereto as Schedule "1" shall govern the conduct of this proceeding; and
This Vice Chair shall be seized of the ongoing case management of this proceeding, including all motion practice and case management conferences, but shall not be seized of the final hearing or any mediation that may be convened.
"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.
SCHEDULE 1
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.
Any date or deadline contemplated in this Procedural Order related to obligations as between the parties, and which does not involve an appearance or deadline for filing with the Tribunal, may be amended by written agreement of the parties.
Organization of the Hearing
The video hearing will begin on October 5, 2026 at 10:00 a.m. by videoconference.
The parties' initial estimation for the length of the hearing is ten (10) days and will be scheduled until October 20, 2026. The Tribunal will not sit during the days of October 12 and October 19, 2026. 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 are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2.
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. 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
Pleadings
The Claimant delivered its Application and Statement of Claim on July 23, 2025 and its Amended Application and Statement of Claim on July 29, 2025.
The Respondent shall deliver its Reply on or before September 2, 2025.
Documentary and Oral Discoveries
The parties shall exchange their respective Affidavits of Documents together with productions of the Schedule A documents on or before November 4, 2025.
Examinations for discovery of the representative of each party shall be completed on or before February 6, 2026. The parties consent to conduct examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before March 20, 2026.
Any motion(s) arising out of the examinations for discovery shall be served and filed in writing only on or before April 24, 2026.
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 one month of the date on which the Tribunal delivers its reasons on the written motion described in paragraph 15 or as otherwise ordered by the Tribunal.
Witnesses and Evidence
- The following definitions shall apply in this matter:
a. "Expert report" means a report prepared by an expert witness, consisting of an outline of his or her qualifications, an outline of the issues he or she will address in oral evidence, a description of his or her opinion on those issues, and a list of reports, documents and/or studies that the expert witness relies upon;
b. "Witness statement" means a document consisting of a short outline of the facts and issues that a non-expert witness will address in evidence. A witness statement must be served for all non-expert witnesses a party intends to call at the hearing.
c. "Expert Witness Statement" means a witness statement prepared by an expert witness, and should include his or her (1) name and address, (2) qualifications including curriculum vitae and area of expertise in which the witness is proposed to be qualified, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the Hearing
d. "Visual Evidence" includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the Hearing.
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 to the Tribunal on or before May 29, 2026 and in accordance with paragraph 33 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.
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 33 below. Instead of a witness statement, the expert may file his or her entire expert report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.
Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having served and filed an expert report.
A party who intends to call a witness who is not an expert must file a witness statement, as in paragraph 33 below.
On or before June 12, 2026, the parties shall provide copies of their witness and expert witness statements and/or expert reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 33 below.
On or before August 7, 2026, the parties shall provide copes of all reply expert reports and witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 33 below.
Further witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted, shall be served and filed at least five (5) calendar days before the date on which the expert witness who will give oral evidence is to be called.
On or before September 11, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 33 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
A party who provides written evidence of a witness or expert report to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.
Pre-Hearing Conference and Mediation Assessment
- On or before August 21, 2026, the parties shall request a pre-hearing conference and mediation assessment be scheduled by the Tribunal.
Requests to Admit
Any party choosing to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure, incorporated by reference in Tribunal Rule 1.04, shall serve such Request or Requests on the party or parties opposite on or before August 21, 2026.
Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Hearing Plan and Arrangements
On or before August 28, 2026: (a) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required and (b) any party seeking to exclude or limit the written or oral evidence of any witness shall file a written motion in accordance with Rule 10.3.
The Respondent shall arrange for the service and payment of a certified Court Reporter for the hearing, and provide notification to the Claimant of these arrangements by September 24, 2026.
The parties shall cooperate to prepare a joint document book and a joint book of witness statements which shall be shared with the OLT case co-ordinator on or before September 25, 2026. Both joint books must be in PDF format, bookmarked with hyperlinks to all items listed in any indexes in the joint books and to all items listed in any indexes contained in witness statements and expert reports.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 25, 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.
General
All filings shall be submitted electronically. 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 in accordance with the Tribunal's Rule 17.
TRIBUNAL REGISTRAR
Attachment 1
Party
Party Status
Counsel / Representative
The Pentecostal Assemblies of Canada as Trustee for Hiway Church
Claimant
RAYMAN HARRIS LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5B 1J2 Shane Rayman (LSO #44649V) T: 416.597.5406 F: 437.222.9001 shane@raymanharris.com
Stephanie Fong (LSO #77647O) T: 437.222.9005 stephanie@raymanharris.com
His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation
Respondent
Kris Kernaghan T: 905-704-2230 kris.kernaghan@ontario.ca
Joanne Stevens T: 647-201-9532 joanne.stevens@ontario.ca
Attachment 2
TIMETABLE
Task
Deliverable By
Exchange of Affidavits of Documents and Schedule A Productions
November 4, 2025
Examinations for Discovery
February 6, 2026
Undertakings to be Answered
March 20, 2026
Any motions in writing arising from Examinations or Undertakings to be served/filed by
April 24, 2026
Any further Undertakings to be answered following the motion
Subject to direction of OLT in reasons following motion.
Exchange of Witness List
May 29, 2026
Exchange of Witness Statements and/or Expert Reports
June 12, 2026
Exchange of Reply Witness Statements and/or Expert Reports
August 7, 2026
Mediation Assessment request
Written Motion to exclude or limit any oral or written evidence
August 21, 2026
August 28, 2026
Request to Admit
September 11, 2026
Arrange for Court Reporter
September 24, 2026
Joint Document Book
September 25, 2026
Visual Evidence
September 11, 2026
Preparation of Hearing Plan
September 25, 2026
Hearing to Commence
October 5, 2026
Attachment 3
ISSUES LIST
- The issues are defined by the pleadings of the parties as filed with the Tribunal.
Attachment 4
ORDER OF EVIDENCE
- The order of presentation of evidence shall be:
a. case for the Claimant;
b. case for the Respondent; and
c. reply by the Claimant.