1943615 Ontario Limited v. Waterloo (Region), 2025 CanLII 96342

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 16, 2025

CASE NO.: OLT-21-001375

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

Claimant: 1943615 Ontario Limited

Respondent: Region of Waterloo

Description: Determination of compensation

Property Address: 1200 Fischer-Hallman Road

Municipality/UT: Kitchener/Waterloo

OLT Case No.: OLT-21-001375

OLT Lead Case No.: OLT-21-001375

OLT Case Name: 1943615 Ontario Limited v. Waterloo (Region)

BEFORE:

G.A. CROSER, MEMBER

Thursday, the 11th day of September, 2025

UPON APPEAL having been brought pursuant to section 26(b) of the Expropriations Act by 1943615 Ontario Limited (“Claimant”) against the Regional Municipality of Waterloo as a result of the partial fee simple taking and temporary limited interest registered on November 23, 2017, of the lands located at 1200 Fischer-Hallman Road, in the City of Kitchener by the Regional Municipality of Waterloo to support the construction of a new traffic roundabout and to maintain works ancillary to the installation of said roundabout to be constructed at the intersection of Fisher-Hallman Road and Bleams Road;

AND THE TRIBUNAL noting no issues raised with the Tribunal-issued Notice of Case Management Conference (“CMC”);

AND THE TRIBUNAL confirming the Parties’ awareness of Tribunal-led mediation;

AND THE TRIBUNAL, having heard submissions regarding the start date of the Hearing, has scheduled a fifteen-day Hearing to commence on Monday, November 23, 2026 at 10 a.m. by Video Conference with the following details:

Parties 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/660145013

Access code: 660-145-013

Parties 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

Persons 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: (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 660-145-013.

Individuals 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.

NOW THEREFORE,

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order appended as Attachment 2 shall govern the conduct of this proceeding.

2. The Hearing is scheduled as detailed above.

“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.

Attachment 1

CMC Attendance List

Party Name 1943615 Ontario Limited

Counsel Irene Wong Serena Feeney Guillaume Lavictoire

Party Name Regional Municipality of Waterloo

Counsel Alyssa Armstrong Sean Foran

ATTACHMENT 2

ISSUE DATE: September 16, 2025 CASE NO(S).: OLT-21-001375

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27

Applicant(s)/Appellant(s): 1943615 Ontario Limited Subject: Determination of compensation Property Address/Description: 1200 Fischer-Hallman Road, Kitchener, ON Regional Municipality of Waterloo Municipality: Regional Municipality of Waterloo OLT Case No.: OLT-21-001375 OLT File No.: OLT-21-001375 OLT Case Name: 1943615 Ontario Limited v Waterloo (Region)

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 Monday, November 23, 2026 at 10 a.m./ by Video Hearing.

3. The parties’ initial estimation for the length of the hearing is fifteen (15) 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 are set out in Attachment 1.

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

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 the 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. 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. This list must be delivered one-hundred and twenty (120) days prior to the start of the hearing and in accordance with paragraph 27 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.

10. The parties acknowledge that Affidavits of Documents have been exchanged.

11. Examinations for Discovery of the representative of each party shall be completed on or before Friday, December 12, 2025. The parties consent to conducting examinations by way of videoconference.

12. Each party shall answer their respective undertakings arising from examinations for discovery on or before Friday, February 6, 2026. Each party shall provide additional productions and/or complete further examinations arising from answers to undertakings on or before March 20, 2026.

14. Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be filed, in writing by Friday, April 24, 2026, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.

15. 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 thirty (30) days of the Tribunal’s decision on any discovery motion brought in accordance with paragraph 13 above.

16. Expert witnesses in the same field shall have a at least 40 (forty) days prior to the hearing 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 at least fifteen (15) days prior to the hearing.

17. 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 18 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.

18. 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 9 above. 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 9 above.

19. At least ninety (90) days prior to the start of the hearing, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 27 below.

20. At least thirty-five (35) days prior to the start of the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

21. At least 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 27 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

22. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within forty-five (45) days after the evidence is received and in accordance with paragraph 27 below.

23. The parties agree to attend a pre-hearing conference and mediation assessment before the Tribunal at least twenty-one (21) days prior to the start of the hearing and use best efforts to try to resolve or reduce the issues for the hearing.

24. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator at least ten (10) days prior to the start of the hearing.

25. 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 15 days before the Tribunal hears the motion.

26. 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.

27. The parties shall prepare and file a preliminary hearing plan with the Tribunal at least seven (7) 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.

28. All filings shall be submitted electronically 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. The delivery of documents by email shall be governed by the Rule 7.

29. 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.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

Attachment 1

Party 1943615 Ontario Limited

Party Status Claimant

Counsel/Representative SCARGALL OWEN-KING LLP 17 Leader Lane Toronto, ON M5E 1L8 Guillaume Lavictoire (LSO #57173C) Tel: 416.597.5407 Fax: 416.869.2201 guillaume.lavictoire@sokllp.com

Irene Wong (LSO #77530M) Tel: 416.597.5404 Fax: 416.869.2201 irene.wong@sokllp.com

Serena Feeney (LSO #90714R) Tel: 416.869.3532 Fax: 416.869.2201 serena.feeney@sokllp.com

Party The Regional Municipality of Waterloo

Party Status Respondent

Counsel/Representative WEIRFOULDS LLP 66 Wellington Street W, Suite 4100 P.O. Box 35, TD Bank Tower Toronto, ON M5K 1B7 Sean Foran (LSO #31047D) Tel: 416.947.5019 sforan@weirfoulds.com

Alyssa Armstrong (LSO #72122S) Tel: 647.947.5022 aarmstrong@weirfoulds.com

Attachment 2

OLT File No. OLT-21-001375

ONTARIO LAND TRIBUNAL

IN THE MATTER OF THE EXPROPRIATIONS ACT, R.S.O. 1990, c. E.26

AND IN THE MATTER OF AN ARBITRATION

BETWEEN:

1943615 ONTARIO LIMITED Claimant

• and -

THE REGIONAL MUNICIPALITY OF WATERLOO Respondent

ISSUES LIST

1. The issues are defined by the pleadings, as amended, and filed with the Tribunal.

Attachment 3

OLT File No.: OLT-21-001375

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:

1943615 ONTARIO LIMITED Claimant

• and –

THE REGIONAL MUNICIPALITY OF WATERLOO Respondent

ORDER OF EVIDENCE

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