Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 3, 2025 CASE NO.: OLT-24-000580

PROCEEDING COMMENCED UNDER: Subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:

Applicant(s)/Appellant(s): 1380268 Ontario Inc. and 2244214 Ontario Ltd. Respondent: Metrolinx Subject: Land Compensation Property Address/Description: 20 Nugget Avenue Municipality: City of Toronto OLT Case No.: OLT-24-000580 OLT File No.: OLT-24-000580 OLT Case Name: 1380268 Ontario Inc., et al. v Metrolinx

BEFORE: "William R. Middleton" Monday, the 3rd day of February, 2025

UPON HEARING THE SUBMISSIONS OF THE PARTIES at the teleconference held by the Tribunal on February 3, 2025 (“Teleconference”) and after consideration of the materials filed by the Parties for the Teleconference;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order, as revised by the Tribunal and attached hereto as Schedule “A”, (“Procedural Order”) shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, scheduled to commence on July 28, 2025;

2. The Claimants 1380268 Ontario Inc. and 2244214 Ontario Ltd. (collectively, “Claimants”) shall deliver to the Respondent Metrolinx forthwith and in no event later than February 7, 2025 copies of all income tax returns and all financial statements of the Claimants for the period comprising January 1, 2018 to the date of this Order;

3. The costs, if any, relating to the Teleconference shall be dealt with by the Member who presides over the separate written motions filed by the Parties in relation to certain disputes arising from the completed examinations for discovery in this proceeding;

4. This Vice-Chair shall be seized of any future requests or disputes relating to the revised Procedural Order, the Teleconference or the terms of this Order save and except for paragraph 3 above.

"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.

Schedule "A" - Procedural Order

ISSUE DATE: CASE NO(S).: OLT-24-000580

PROCEEDING COMMENCED UNDER: Subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended and in the matter of an Arbitration:

Applicant(s)/Appellant(s): 1380268 Ontario Inc. and 2244214 Ontario Ltd. Respondent: Metrolinx Subject: Land Compensation Property Address/Description: 20 Nugget Avenue Municipality: City of Toronto Municipal File No.: OLT Case No.: OLT-24-000580 OLT File No.: OLT-24-000580 OLT Case Name: 1380268 Ontario Inc., et al. v Metrolinx

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on July 28 – August 15, 2025, at 10:00 a.m. by video conference.

https://meet.goto.com/558205565 Access Code: 558-205-565

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: 1 888 299 1889 (Toll Free) or +1 (647) 497-9373. The access code is 558-205-565.

3. The parties’ initial estimation for the length of the hearing is fourteen (14) 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.

6. 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.

7. 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.

8. 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 phone number as soon as 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. The Claimants served and filed a Notice of Arbitration and Statement of Claim on or about May 30, 2024.

11. Metrolinx served and filed a Reply on or about June 19, 2024.

12. The parties shall exchange their respective Affidavits of Documents and Productions by Wednesday, October 23, 2024.

13. Examinations for Discovery of the representative of each party shall be completed on or before Friday, November 15, 2024. The parties consent to conducting examinations for discovery by way of videoconference.

14. Each party shall answer their respective undertakings arising from examinations for discovery on or before Friday, December 20, 2024.

15. Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be heard, in writing, by Friday, January 17, 2025, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.

16. Further answers to undertaking, 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 Tribunal’s Decision on any discovery motion brought in accordance with paragraph 15.

17. 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 Friday, January 24, 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.

18. Expert witnesses in the same field shall have a meeting on or before Wednesday, May 14, 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 on or before thirty (30) days prior to the start of the hearing.

19. 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.

20. 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 23 below.

21. On or before Friday, March 7, 2025, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 31 below.

22. Parties may provide to all other parties, and the OLT case co-ordinator, a written response to any written evidence on or before Friday, April 4, 2025, and in accordance with paragraph 31 below.

23. A person wishing to change written evidence, including witness statements, or a party seeking to exclude all or part of any written evidence filed by a party, 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.

24. 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.

25. The parties shall attend mediation facilitated by the Tribunal on or before Wednesday, April 30, 2025.

26. On or before sixty (60) days prior to the start of the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required and shall file in writing any motion seeking to exclude all or part of any evidence filed by a party.

27. On or before ten (10) days prior to the start of the hearing, 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.

28. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator, in both electronic and hard copy, on or before seven (7) days prior to the start of the hearing.

29. 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.

30. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before fifteen (15) 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.

31. All filings shall be submitted electronically and in hard copy, unless otherwise directed by the Tribunal. 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.

32. No adjournments or delays will be granted before or during the hearing except for serious hardships or illness. The Tribunal’s Rule 17 shall apply to requests for adjournment.

TRIBUNAL REGISTRAR

Attachment 1

Party	Party Status	Counsel / Representative
1380268 Ontario Inc. and 2244214 Ontario Ltd.	Claimant	BISCEGLIA & ASSOCIATES Professional Corporation 9100 Jane Street Building “A”, Suite 200 Vaughan, Ontario L4K 0A4 Emilio Bisceglia (LSO# 34568Q) Tel: 905.695.5200 Fax: 905.695.5201 Email: ebisceglia@lawtoronto.com
Metrolinx	Respondent	M&H LLP 61A Jarvis Street, Suite 200 Toronto, ON M5C 2H2 Christel Higgs (LSO #53408T) Tel.: 416-947-6701 Email: Christel@mhlawyers.ca Jessica Karban (LSO# 75541D) Tel.: 416-947-6700 ext. 212 Email: jessic@mhlawyers.ca

Attachment 2

OLT File No.: OLT-24-000580

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:

1380268 ONTARIO INC. and 2244214 ONTARIO LTD. Claimant

• and -

METROLINX Respondent

TIMETABLE

Task	Deliverable By
Exchange Affidavit of Documents	Wednesday, October 23, 2024
Examinations for Discovery	Friday, November 15, 2024
Appraisal Reports to be exchanged subject to direction of the Tribunal	n/a
Undertakings to be Answered	Friday, December 20, 2024
Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled	By Friday, January 17, 2025
Any further undertakings to be answered following the motion	Within 30 days of receipt of Tribunal’s Order.
Exchange of Witness List	Friday, January 24, 2025
Exchange of Witness Statements or Expert Reports	Friday, March 7, 2025
Meeting(s) of Like Experts	By Wednesday, May 14, 2025
Exchange of Expert Reply Witness Statements / Reply Reports	Friday, April 4, 2025
Mediation	No later than Wednesday, April 30, 2025
Agreed Statement of Facts	On or before thirty (30) days prior to the start of the hearing
Request to Admit	In accordance with the Rules of Civil Procedure.
Confirm whether all hearing dates still required	On or before sixty (60) days prior to the start of the hearing
Arrange for Court Reporter	ASAP
Joint Document Book	On or before seven (7) days prior to the start of the hearing
Visual Evidence	On or before ten (10) days prior to the start of the hearing
Preparation of Hearing Plan	On or before fifteen (15) days prior to the start of the hearing
Documents to be used in cross-examination	To be provided on or before the first day of the hearing or in advance of the start of cross-examination
Hearing	July 28 – August 15 2025 (14 Days)

Attachment 3

OLT File No.: OLT-24-000580

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:

1380268 ONTARIO INC. and 2244214 ONTARIO LTD. Claimant

• and -

METROLINX Respondent

ISSUES LIST

1. The issues shall be those as set out in the pleadings delivered by the Parties. a. Notice of Arbitration and Statement of Claim, dated May 30, 2024. b. Reply, dated June 19, 2024.

Attachment 4

OLT File No.: OLT-24-000580

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:

1380268 ONTARIO INC. and 2244214 ONTARIO LTD. Claimant

• and -

METROLINX Respondent

ORDER OF EVIDENCE

1. Claimants evidence in-chief
2. Claimants evidence in cross-examination
3. Metrolinx evidence in-chief
4. Metrolinx evidence in cross-examination
5. Claimants evidence in Reply, if necessary