Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 29, 2025

CASE NO(S).: OLT-23-001050 OLT-23-001051 OLT-23-001055 OLT-23-001081 OLT-23-001083

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

Claimant: Joanne, John, and Jeffrey Ferguson Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 7031 Littlewood Drive Municipality: City of London OLT Case No.: OLT-23-001050 OLT Lead Case No.: OLT-23-001050

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

Claimant: 806433 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6283 Colonel Talbot Road Municipality: City of London OLT Case No.: OLT-23-001051 OLT Lead Case No.: OLT-23-001051

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

Claimant: 806433 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6732 Colonel Talbot Road Municipality: City of London OLT Case No.: OLT-23-001055 OLT Lead Case No.: OLT-23-001055

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

Claimant: 1068788 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6304 Glanworth Drive Municipality: City of London OLT Case No.: OLT-23-001081 OLT Lead Case No.: OLT-23-001081

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant: 1068788 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6333 Glanworth Drive Municipality/UT: City of London OLT Case No.: OLT-23-001083 OLT Lead Case No.: OLT-23-001083

Heard: April 11, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Ministry of Transportation	David Westcott Leonard Marsello (in absentia)
Joanne, John, and Jeffrey Ferguson 806433 Ontario Limited 1068788 Ontario Limited	Paul Ledroit

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON APRIL 11, 2025 AND ORDER OF THE TRIBUNAL

1This Case Management Conference ("CMC") was the first scheduled with respect to five appeals relating to an expropriation by the Ministry of Transportation ("MTO") in the Community of Tempo, London, Ontario.

2There was some confusion at the onset of the CMC as to whether a sixth appeal was also to be represented at the CMC. Counsel for the MTO, David Westcott, explained that the sixth appeal, Case No. OLT-24-000604, was being handled by different counsel at the MTO and would be proceeding separately. Paul Ledroit, counsel for the five appeals, confirmed that it was not the intent of the Parties to include that particular file in today's proceeding.

3To be clear, the five appeals and their respective addresses that were considered at today's CMC are as follows:

a. OLT-23-001050 - 7031 Littlewood Drive

b. OLT-23-001051 - 6283 Colonel Talbot Road

c. OLT-23-001055 - 6732 Colonel Talbot Road

d. OLT-23-001081 - 6304 Glanworth Drive

e. OLT-23-001083 - 6333 Glanworth Drive

4The Parties requested that the matters be heard together in accordance with Rule 16.3 of the Tribunal's Rules of Practice and Procedure. The Parties were advised by the Tribunal that if a change to this arrangement is required, then they should reach out to the Case Coordinator.

5A ten-day Video Hearing ("Hearing") was scheduled for this matter beginning on Monday, April 13, 2026 and ending on Friday, April 24, 2026. The length of time between today's CMC and the planned hearing event was necessary to accommodate the schedule of counsel and to provide sufficient time for all Procedural Order ("PO") requirements. Mr. Westcott agreed, with Mr. Ledroit's consent, to produce an updated PO with all the necessary dates to the Tribunal by Friday, April 25, 2025. The Tribunal has received and reviewed the PO, which will now govern all further pre-hearing procedural requirements. The PO is appended to this Decision as Attachment 1.

6Given the fact that the Hearing is scheduled so far in advance, the Parties requested that a Telephone Conference Call be scheduled for January 12, 2026, should the Tribunal's assistance be required in managing PO requirements.

TELEPHONE CONFERENCE DETAILS

7A hearing has been scheduled to proceed by telephone conference call on Monday, January 12, 2026 at 9 a.m.

8Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this case.

VIDEO HEARING DETAILS

9The Merit Hearing is scheduled to proceed by video on Monday, April 13, 2026 at 10 a.m.

10Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/765631861

Access code: 765-631-861

11Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 765-631-861.

13Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal's Case Coordinator.

ORDER

14THE TRIBUNAL ORDERS THAT:

a. The five files listed in paragraph [3] shall be heard together in accordance with Rule 16.3 of the Tribunal's Rules of Practice and Procedure.

b. A Telephone Conference Call is scheduled as directed above.

c. A ten-day Video Hearing is scheduled as directed above.

d. An updated Procedural Order is to be provided to the Tribunal by Friday, April 25, 2025.

15The Member shall remain available for continued case management to the extent that the Tribunal calendar permits.

"G.A. CROSER"

G.A. CROSER

Member

Ontario Land Tribunal

Website: www.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

CASE NO.: OLT-23-001050 OLT-23-001051 OLT-23-001055 OLT-23-001081 OLT-23-001083

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

Claimant: Joanne, John, and Jeffrey Ferguson Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 7031 Littlewood Drive Municipality: City of London OLT Case No.: OLT-23-001050 OLT Lead Case No.: OLT-23-001050 OLT Case Name: Ferguson v. HMK in right of Ontario (Ministry of Transportation)

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

Claimant: 806433 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6283 Colonel Talbot Road Municipality: City of London OLT Case No.: OLT-23-001051 OLT Lead Case No.: OLT-23-001051 OLT Case Name: 806433 Ontario Limited v. HMK in right of Ontario (Ministry of Transportation)

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

Claimant: 806433 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6732 Colonel Talbot Road Municipality: City of London OLT Case No.: OLT-23-001055 OLT Lead Case No.: OLT-23-001055 OLT Case Name: 806433 Ontario Limited v. HMK in right of Ontario (Ministry of Transportation)

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

Claimant: 1068788 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6304 Glanworth Drive Municipality: City of London OLT Case No.: OLT-23-001081 OLT Lead Case No.: OLT-23-001081 OLT Case Name: 1068788 Ontario Limited v. HMK in right of Ontario (Ministry of Transportation)

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

Claimant: 1068788 Ontario Limited Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation for the Province of Ontario Description: Determination of compensation Property Address: 6333 Glanworth Drive Municipality: City of London OLT Case No.: OLT-23-001083 OLT Lead Case No.: OLT-23-001083 OLT Case Name: 1068788 Ontario Limited v. HMK in right of Ontario (Ministry of Transportation)

THE TRIBUNAL ORDERS that 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 13, 2026 at 10:00 a.m. The Tribunal has set aside ten (10) day(s) for the hearing.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Schedule A

GENERAL

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

2. The parties will mediate all five claims before on or before September 30, 2025. The mediator shall be agreed upon by the Parties at least thirty (30) days in advance of a mediation. If the parties are unable to agree upon a mediator, the Tribunal will appoint a mediator.

3. The Ministry of Transportation may discover the Claimants in all files on the issues of disturbance and the impact of road changes to the efficiency in the operation of farms on the properties in issue. There will be no discovery on any other issues.

4. The Ministry of Transportation will provide the Claimants with updated drawings of the road systems affecting the properties in issue, if any such updated drawings are available, and will provide updated drawings each time there is an update.

5. The video hearing for OLT File Numbers 23-001081 and 23-001083 will begin on April 13, 2026 at 10:00 a.m. These claims will be heard together.

6. The video hearing for OLT File Numbers 23-001051 and 23-001055 will begin immediately after the video hearing for OLT File Numbers 23-001081 and 23-001083 ends. These claims will be heard together. All evidence heard in the hearing for OLT File Numbers 23-001051 and 23-001055 will be admissible in this hearing.

7. The video hearing for OLT File Number 23-001050 will begin immediately after the video hearing for OLT File Numbers 23-001051 and 23-001055 ends. All evidence heard in the hearings for OLT File Numbers 23-001051, 23-001055, 23-001081, and 23-001083 will be admissible in this hearing.

8. The parties' estimation for the length of all hearings 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.

9. 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

10. 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 twenty (20) days before the beginning of the first hearing. 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.

11. Expert witnesses in the same field shall have a meeting thirty (30) days before the first hearing and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must make best efforts to prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator twenty (20) days before the hearing.

12. 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. 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.

13. Twenty (20) days before the first hearing, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.

14. Five (5) days before the first hearing, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

15. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence five (5) days before the first hearing.

16. The parties shall cooperate to prepare a joint document book which shall be uploaded to the OLT's file share server, pursuant to the directions provided by the OLT case co-ordinator five (5) days before the first hearing.

17. Any documents which may be used by a party in cross examination of an opposing party's witness shall be uploaded to the OLT's file share server, pursuant to the directions provided by the OLT case co-ordinator. Such documents shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing.

18. 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.

19. 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 seven (7) days before the hearing that the written evidence is not part of their record.

20. All filing with the Tribunal shall be electronic 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.

21. 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.

22. 35 days in advance of the hearing, the parties must advise the OLT if any of the files have resolved or if all or some of the hearing dates are still required.