Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 10, 2025
CASE NO.: OLT-24-001111
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: Paul Roman Wozniak
Respondent: His Majesty The King Represented by The Minister of Transportation
Subject: Determination of compensation
Description: To facilitate determination of compensation
Reference Number: P-4100-0094
Property Address: 7088 Wellington Road 34
Municipality/UT: Puslinch/Wellington
OLT Case No: OLT-24-001111
OLT Lead Case No: OLT-24-001111
OLT Case Name: Wozniak v Ontario (Transportation)
BEFORE:
"William R. Middleton" VICE-CHAIR
Wednesday, the 10th day of September, 2025
THE TRIBUNAL having reviewed and considered the written motion record of the Claimant (“Motion Record”) seeking to compel delivery of a sworn affidavit of documents from the Respondent and to compel scheduling of examinations for discovery of the Respondent and to generally compel compliance with the Procedural Order issued by the Tribunal on April 25, 2025 (collectively, “Motion”);
AND THE TRIBUNAL having received an affidavit of service by the Claimant of the Motion Record on the Respondent’s counsel, sworn July 31, 2025;
AND THE TRIBUNAL having noted that the Respondent did not respond to the Motion Record and has not appeared to respond to the Claimant’s numerous attempts to schedule examinations for discovery and has further not produced an affidavit of documents despite numerous requests to do so; and
AND THE TRIBUNAL having noted that the Respondent has neither responded to nor apparently complied with the Procedural Order issued by the Tribunal on April 25, 2025 which has scheduled the hearing of this matter to commence on November 3, 2025, for a period of five days
THE TRIBUNAL ORDERS THAT:
The Respondent shall provide a sworn affidavit of documents within no later than 5 business days of the date of issuance of this Order;
The Respondent shall produce its representative for examination for discovery by the Claimant by September 30, 2025 or a subsequent date agreed to by the Claimant, acting reasonably;
Counsel for the Respondent shall forthwith upon receipt of this Order confirm in writing to the Tribunal and to the Claimant’s solicitor that he is required to and will participate in a telephone status conference call on October 2, 2024 with the Claimant’s counsel and this Vice Chair (“Status Conference”) to discuss the required amendments to the Procedural Order issued by the Tribunal on April 25, 2025 (“Procedural Order”);
The Respondent’s counsel and the Claimant’s counsel shall forthwith upon receipt of this Order confer to discuss the required amendments to the Procedural Order and shall be prepared to advise the Tribunal at the Status Conference as to their proposed amendments to the Procedural Order; and
This Vice Chair shall remain seized of this proceeding for the purpose of ongoing case management including any pre-hearing motions but shall not be seized in respect of any mediations or the final hearing of this proceeding.
"Matthew Bryan"
MATTHEW 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.