Papanagnostou v. Metrolinx, 2025 CanLII 96330

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September.18,2025 CASE NO.: OLT-23-000860

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

Claimant:

Argiro Papanagnostou

Respondent:

Metrolinx

Description:

Determination of compensation

Property Address

449 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-23-000860

OLT Lead Case No.:

OLT-23-000860

OLT Case Name:

Papanagnostou v. Metrolinx

BEFORE:

William R. Middleton

Thursday, the 18^th^

VICE-CHAIR

day of September, 2025

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order attached hereto as Schedule “A”, shall govern this proceeding leading up to and including the hearing, which is scheduled to commence on January 26, 2026 for a period of [8] day(s);.

2. This Vice-Chair shall be seized in respect of the ongoing case management of this proceeding but shall not be seized in respect of the hearing of this matter or with respect to any mediation which 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 (“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

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 virtual hearing will begin on January 26, 2026 at 10:00 a.m. by video conference.

Video Hearing Link: https://global.gotomeeting.com/join/979388733

Access Code: 979-388-733

3. The parties’ initial estimation for the length of the hearing is eight (8) 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 counsel are set out in Attachment 1 to this Order.

5. The issues are set out in the Issues List attached as Attachment 2 to this Order. 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.

6. The Order of Evidence shall be as set out in Attachment 3 to this Order.

7. 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.

8. 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

9. The Respondent served and filed a Notice of Arbitration on Thursday, August 29, 2023.

10. The Claimants served and filed a Statement of Claim on November 8, 2024.

11. Metrolinx served and filed its Reply on November 28, 2024.

12. The parties exchanged their respective Affidavits of Documents and Productions in April, 2025.

13. Examinations for Discovery of the representative of each party were completed by August 14, 2025 by way of video conference.

14. Each party shall answer their respective undertakings arising from examinations for discovery on or before September 19, 2025.

15. Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be brought, in writing only, by October 3, 2025.

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, or as otherwise determined by the Tribunal.

17. The parties agree that, if participation in a mediation is agreed to by both parties, the parties are to file with the Registrar an Expropriation Mediation Request Form pursuant to Rule 26.5 on or before October 31, 2025.

18. 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 September 24, 2025. 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.

19. Expert witnesses in the same field shall have a meeting on or before November 7, 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 December 5, 2025.

20. 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. 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. The 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 and a signed Acknowledgement of Expert’s Duty.

21. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.

22. On or before October 31, 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.

23. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before November 28, 2025.

24. A person wishing to change written evidence, including witness statements, must deliver a written motion to the Tribunal on or before December 1, 2025. If a party seeks to limit or exclude any written or oral evidence of any witness, it must deliver to the Tribunal a written motion on or before December 1, 2025.

25. 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.

26. On or before December 19, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

27. On or before January 12, 2026, 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.

28. The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements and expert reports which shall be shared with the OLT case co-ordinator, in both electronic and hard copy, on or before January 16, 2026. The electronic copies must be bookmarked with hyperlinks to all items listed in the tables of contents, and any lengthy expert reports shall also contain hyperlinks to all items listed in its table of contents.

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 January 19, 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.

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. The Tribunal’s Rule 17 shall apply to requests for adjournment.

TRIBUNAL REGISTRAR

Attachment 1

Party

Party Status

Counsel / Representative

The Estate of Argiro Papanagnostou, The Estate of Nikolaos Papanagnostou, and Nickan Inc.

Claimants

THOMSON ROGERS LLP 390 Bay Street, Suite 3100 Toronto, Ontario M5H 1W2 Al Burton (LSO# 45605D) T: 416.686.3113 F: 416.868.3134 aburton@trlaw.com

Metrolinx

Respondent

M&H LLP 61A Jarvis Street, Suite 200 Toronto, ON M5C 2H2 Christel Higgs (LSO #53408T) T: 416.947.6701 F: 416.947.6703 christel@mhlawyers.ca

Kristina Bezprozvannykh (LSO# 72136T) T: 416.947.6700 ext. 217 F: 416.947.6703 kristina@mhlawyers.ca

Attachment 2

OLT File No: OLT-23-000860

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:

THE ESTATE OF ARGIRO PAPANAGNOSTOU, THE ESTATE OF NIKOLAOS PAPANAGNOSTOU and NICKAN INC.

Claimants

• 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, dated August 29, 2023.

b. Statement of Claim filed by the Claimant

c. Reply filed by the Respondent

Attachment 3

OLT File No: OLT-23-000860

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:

THE ESTATE OF ARGIRO PAPANAGNOSTOU, THE ESTATE OF NIKOLAOS PAPANAGNOSTOU and NICKAN INC.

Claimants

• 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