Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 26, 2026
CASE NO(S).: OLT-25-000806
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 1082753 Ontario Inc. O/A Riegling Bros.
Respondent: His Majesty the King in Right of Ontario as represented by the Minister of Transportation
Description: Determination of compensation
Reference Number: Expropriation Plan CK230287
Property Address: 7745 Seventh Line W.
Municipality: Chatham-Kent
OLT Case No.: OLT-25-000806
OLT Lead Case No.: OLT-25-000806
OLT Case Name: Riegling Bros. v. Ministry of Transportation
Heard: February 19, 2026 by videoconference
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1082753 Ontario Inc. O/A Riegling Bros. ("Claimant") | Shane Rayman, Sarah Spitz |
| Ministry of Transportation ("MTO") | Robert Lawson |
MEMORANDUM OF ORAL DECISION DELIVERED ON FEBRUARY 19, 2026 BY WILLIAM R. MIDDLETON
INTRODUCTION
1This matter concerns a proceeding commenced by the Claimants as against the MTO for compensation under subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26 ("Act") in relation to an expropriation by MTO regarding the lands municipally known as 7745 Seventh Line West ("W.") in the municipality of Chatham-Kent.
2This matter has proceeded somewhat fitfully over many months, as, although the Parties have completed their pleadings, they have not yet finalized a draft Procedural Order ("PO") nor have they agreed to hearing dates. They also have not yet materially completed most of the typical pre-hearing steps required in expropriation cases. Thus, a Case Management Conference ("CMC") was convened on February 19, 2026 to discuss the status of this proceeding.
3At the CMC, the Parties agreed to, and have sought that, the following hearing dates be scheduled by the Tribunal: November 30, 2026 to December 11, 2026.
4A 10-day Hearing has been scheduled to proceed by video on Monday, November 30, 2026 at 10 a.m. until and including Friday, December 11, 2026.
5Parties 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://meet.goto.com/370987861
Access code: 370-987-861
6Parties and/or Observers 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
7Persons 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: 370-987-861.
8Individuals 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.
9As of March 30, 2026, all hearing events are governed by the Tribunal's Artificial Intelligence Practice Direction. This Practice Direction requires a Party, Participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
10Subsequent to the CMC, the Parties delivered a draft PO to the Tribunal based on the above-noted hearing dates.
ORDER
11THE TRIBUNAL ORDERS THAT:
(a) the Procedural Order attached as Appendix A hereto shall govern the conduct of this proceeding; and
(b) this Vice-Chair shall remain seized of this proceeding.
"William R. Middleton"
WILLIAM R. MIDDLETON Vice-Chair
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.
SCHEDULE A
CASE NO.: OLT-25-000806
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 1082753 Ontario Inc. O/A Riegling Bros.
Respondent: His Majesty the King in Right of Ontario as represented by the Minister of Transportation
Description: Determination of compensation
Reference Number: Expropriation Plan CK230287
Property Address: 7745 Seventh Line W.
Municipality: Chatham-Kent
OLT Case No.: OLT-25-000806
OLT Lead Case No.: OLT-25-000806
OLT Case Name: Riegling Bros. v. Ministry of Transportation
PROCEDURAL ORDER
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 initiative.
Any date or deadline contemplated in this Procedural Order related to obligations as between the parties, and which does not involve an appearance or deadline for filing with the Tribunal, may be amended by written agreement of the parties.
Organization of the Hearing
The hearing by video will begin on November 30, 2026 at 10:00 a.m.
The parties' initial estimation for the length of the hearing is ten (10) days and will be scheduled until December 11, 2026. 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.
The parties are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2.
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.
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. 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.
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
Pleadings
The Claimant delivered its Application and Statement of Claim on October 23, 2025.
The Respondent delivered its Reply on November 26, 2025.
Documentary and Oral Discoveries
The parties shall exchange their respective Affidavits of Documents together with productions of the Schedule A documents on or before February 25, 2026.
Examinations for discovery of the representative of each party shall be completed on or before March 20, 2026. The parties consent to conduct examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before April 24, 2026.
Any motion(s) arising out of the examinations for discovery shall be served and filed in writing only on or before May 15, 2026.
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 one month of the date on which the Tribunal delivers its reasons on the written motion described in paragraph 15 or as otherwise ordered by the Tribunal.
Witnesses and Evidence
- The following definitions shall apply in this matter:
a. "Expert report" means a report prepared by an expert witness, consisting of an outline of his or her qualifications, an outline of the issues he or she will address in oral evidence, a description of his or her opinion on those issues, and a list of reports, documents and/or studies that the expert witness relies upon;
b. "Witness statement" means a document consisting of a short outline of the facts and issues that a non-expert witness will address in evidence. A witness statement must be served for all non-expert witnesses a party intends to call at the hearing.
c. "Expert Witness Statement" means a witness statement prepared by an expert witness, and should include his or her (1) name and address, (2) qualifications including curriculum vitae and area of expertise in which the witness is proposed to be qualified, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the Hearing
d. "Visual Evidence" includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the Hearing.
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 to the Tribunal on or before May 29, 2026, and in accordance with paragraph 33 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.
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 33 below. Instead of a witness statement, the expert may file his or her entire expert report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.
Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having served and filed an expert report.
A party who intends to call a witness who is not an expert must file a witness statement, as in paragraph 33 below.
On or before June 19, 2026, the parties shall provide copies of their witness and expert witness statements and/or expert reports to the other parties and to the OLT case co-ordinator and in accordance with paragraph 33 below.
On or before August 14, 2026, the parties shall provide copies of all reply expert reports and witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 33 below.
Further witness statements and expert reports may be served and filed only with leave of the Tribunal and, where leave is granted, shall be served and filed at least five (5) calendar days before the date on which the expert witness who will give oral evidence is to be called. Any party seeking to limit or exclude any oral or written evidence shall deliver a written motion for that relief on or before September 11, 2026.
On or before October 15, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 33 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
A party who provides written evidence of a witness or expert report 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.
Pre-Hearing Conference and Mediation Assessment
- On or before April 30, 2026, the parties shall request a pre-hearing conference and mediation assessment be scheduled by the Tribunal.
Requests to Admit
Any party choosing to serve a Request to Admit facts or documents, shall serve such Request or Requests on the party or parties opposite in accordance with the Rules of Civil Procedure.
Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.
Hearing Plan and Arrangements
On or before October 30, 2026: the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The Respondent shall arrange for the service and payment of a certified Court Reporter for the hearing and provide notification to the Claimant of these arrangements by October 30, 2026.
The parties shall cooperate to prepare a joint document book and a joint book of witness statements which shall be shared with the OLT case co-ordinator on or before October 15, 2026. Both joint books must be in PDF format, bookmarked with hyperlinks to all items listed in any indexes in the joint books and to all items listed in any indexes contained in witness statements and expert reports.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 15, 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.
General
All filings shall be submitted electronically. 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 Rules.
No adjournments or delays will be granted before or during the hearing except in accordance with the Tribunal's Rule 17.
Attachment 1
| Party | Party Status | Counsel / Representative |
|---|---|---|
| 1082753 Ontario Inc. O/A Riegling Bros | Claimant | RAYMAN HARRIS LLP 250 The Esplanade, Suite 202 Toronto, Ontario M5B 1J2 Shane Rayman (LSO #44649V) T: 416.597.5406 F: 437.222.9001 shane@raymanharris.com Sarah Spitz (LSO #75279G) T: 437.222.9007 sarah@raymanharris.com |
| His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation | Respondent | Crown Law Office – Civil 8-720 Bay St Toronto, Ontario M7A 2S9 Robert B. Lawson (LSO#40910B) T: 647 467 7763 robert.b.lawson@ontario.ca |
Attachment 2
TIMETABLE
| Task | Deliverable By |
|---|---|
| Respondent to deliver Reply | November 15, 2025 |
| Exchange of Affidavits of Documents and Schedule A Productions | February 25, 2026 |
| Examinations for Discovery | March 20, 2026 |
| Undertakings to be Answered | April 24, 2026 |
| Any motions in writing arising from Examinations or Undertakings to be served/filed by | May 15, 2026 |
| Any further Undertakings to be answered following the motion | Subject to direction of OLT in reasons following motion. |
| Exchange of Witness List | May 29, 2026 |
| Exchange of Witness Statements and/or Expert Reports | June 19, 2026 |
| Exchange of Reply Witness Statements and/or Expert Reports | August 14, 2026 |
| Mediation Assessment request | April 30, 2026 |
| Written Motion to exclude or limit any oral or written evidence | September 11, 2026 |
| Request to Admit | In accordance with the Rules of Civil Procedure |
| Arrange for Court Reporter | October 30, 2026 |
| Confirm Hearing Dates | October 30, 2026 |
| Joint Document Book | October 15, 2026 |
| Visual Evidence | October 15, 2026 |
| Preparation of Hearing Plan | October 15, 2026 |
| Hearing to Commence | November 30, 2026 |
Attachment 3
ISSUES LIST
- The issues are defined by the pleadings of the parties as filed with the Tribunal.
Attachment 4
ORDER OF EVIDENCE
- The order of presentation of evidence shall be:
a. case for the Claimant;
b. case for the Respondent; and
c. reply by the Claimant.