Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 09, 2026

CASE NO.: OLT-25-000611

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

Claimant: New-Can Realty Ltd.

Respondent: Metrolinx

Description: Determination of compensation

Property Addresses: 4 Banigan Drive

Municipality/UT: City of Toronto

OLT Case No.: OLT-25-000611

OLT Lead Case No.: OLT-25-000611

OLT Case Name: New-Can Realty Ltd. vs. Metrolinx

BEFORE:

BITA M. RAJAEE MEMBER

Friday, the 20th of February, 2026

UPON APPEAL having been brought pursuant to sections 26(1) and 30 of the Expropriations Act against Metrolinx by New-Can Realty Ltd., former owner of the lands described as 4 & 6 Banigan Drive and 4 Overlea Boulevard in the City of Toronto (“Subject Property”), with respect to an acquisition pursuant to a Section 30 Agreement on August 24, 2023 of the Subject Property by Metrolinx to facilitate the creation of the Ontario Line subway system;

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 the availability of Tribunal-led mediation;

AND THE TRIBUNAL at the CMC having scheduled a fifteen-day Hearing to commence on Monday, May 31, 2027 at 10 a.m. to and including Monday, June 21, 2027, with the Tribunal not sitting on Monday, June 14, 2027, 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://meet.goto.com/680885805

Access code: 680-885-805

Parties 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 680-885-805.

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.

As 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.

NOW THEREFORE,

THE TRIBUNAL ORDERS THAT:

1. The Hearing is scheduled as detailed above.

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

3. This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN 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.

Attachment 1

CMC Attendance List

Party Name New-Can Realty Ltd.

Counsel Nikolas Koschany Micah Goldstein Sean Foran (in absentia)

Party Name Metrolinx

Counsel Isaac Tang Andre Matheusik

Attachment 2

ISSUE DATE: February 27, 2026

CASE NO(S).: OLT-25-000611

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

Claimant: New-Can Realty Ltd.

Respondent: Metrolinx

Subject: Determination of compensation

Property Address 4 Banigan Drive

Municipality/UT: City of Toronto

OLT Case No.: OLT-25-000611

OLT Lead Case No.: OLT-25-000611

OLT Case Name: New-Can Realty Ltd. 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. Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties, or by the Tribunal upon the request of the parties.

Organization of the Hearing

2. The video hearing will begin on May 31, 2027 at 10:00 a.m. at https://meet.goto.com/680885805 .

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 identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Claimant’s Application and Statement of Claim, which was filed with the Tribunal on August 13, 2025, and the Respondent’s Reply, which was filed with the Tribunal on November 20, 2025, attached as Attachment 2. There will be no changes to the issues except by way of an amendment to a pleading as provided under Rule 7.8 of the Tribunal’s Rules of Practice and Procedure and a party who asks for changes may have costs awarded against it.

6. The issues are set out in the Application and Statement of Claim of the Claimants and the Reply of the Respondent, 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.

7. 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.

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.

9. The Procedural Timetable of pre-hearing steps is set out in Attachment 4 to this Order.

Requirements Before the Hearing

10. The parties shall exchange Affidavits of Documents on or before February 20, 2026.

11. Appraisal Reports and, where the highest and best use is different than the existing use, Planning Reports, shall be served pursuant to Rule 26.21 on or before May 22, 2026.

12. The parties are directed pursuant to Rule 26.6 to confer to discuss participating in a mediation for the purpose of resolving all or part of the claim and the parties shall comply with the provisions of Rule 26.7.

13. The parties agree that, if attendance at 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 May 29, 2026.

14. If the parties agree to a mediation, the mediation shall take place on or before June 25, 2026, subject to the Tribunal’s availability.

15. Examinations for discovery shall be completed by both parties on or before August 24, 2026.

16. Undertakings of both parties shall be completed on or before October 23, 2026.

17. Motions arising from examinations and answers to undertakings shall be scheduled on or before November 23, 2026.

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 January 8, 2027 and in accordance with paragraph 29 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.

19. Expert witnesses in the same field shall have a meeting on or before February 1, 2027 and use best efforts to try to resolve or reduce the issues for the hearing. The parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator no later than February 16, 2027.

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 as in paragraph 22 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.

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 as in paragraph 22 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 22 below.

22. On or before March 1, 2027, 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 29 below.

23. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by April 2, 2027, after the evidence is received and in accordance with paragraph 29 below.

24. On or before April 26, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

25. On or before May 3, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 29 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

26. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 10, 2027. 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.

27. 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.

28. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 3, 2027 with a proposed schedule for the hearing and, on or before May 21, 2027, a finalized schedule for the hearing. The hearing plan shall identify, 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.

29. All filings shall be submitted electronically unless otherwise directed. 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.

30. 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

LIST OF PARTIES

Claimant New-Can Realty Ltd.

Counsel for the Claimant: WeirFoulds LLP 66 Wellington Street West, Suite 4100 PO Box 35, TD Bank Tower Toronto, ON M5K 1B7

Sean Foran (LSO# 31047D) Tel: 416-947-5019 sforan@weirfoulds.com

Micah Goldstein (LSO# 64045T) Tel: 416-947-5082 mgoldstein@weirfoulds.com

Nikolas Koschany (LSO# 90446V) Tel: 647-715-7174 nkoschany@weirfoulds.com

RESPONDENT Metrolinx

Counsel for the Respondent: Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower, 22 Adelaide St. W, Toronto, ON, M5H 4E3

Isaac Tang (LSO# 60631G) Tel: 416-367-6143 itang@blg.com

Andre Matheusik (LSO# 94044V) Tel: 416-367-6605 amatheusik@blg.com

ATTACHMENT 2

ISSUES LIST

The issues are set out in the Application and Statement of Claim of the Claimants and the Reply of the Respondent.

ATTACHMENT 3

ORDER OF EVIDENCE

1. New-Can Realty Ltd.
2. Metrolinx
3. New-Can Realty Ltd. (Reply)

ATTACHMENT 4 – SCHEDULE*

Hearing Requirement	Deadline
Statement of Claim	August 13, 2025
Reply to Statement of Claim	November 20, 2025
Exchange of Affidavit of Documents	February 20, 2026
Appraisal Reports (and Planning Reports if required) to be Relied on by Either Party served pursuant to Rule 26.21	May 22, 2026
Mediation Request	May 29, 2026
Mediation Occurs	On or before June 25, 2026, subject to the Tribunal’s Availability
Completion of Examinations for Discovery	August 24, 2026
Undertakings to be answered	October 23, 2026
Motions arising from Examinations or Undertakings to be Scheduled	November 23, 2026
Exchange of Witness Lists	January 8, 2027
Meeting of Like Experts	February 1, 2027
Agreed Statement of Facts	February 16, 2027
Exchange of Expert Witness Statements / Reports / Lay Witness Statements	March 1, 2027
Exchange of Expert Reply Witness Statements / Reply Reports	April 2, 2027
Confirm reserved hearing dates still required	April 26, 2027
Exchange of Visual Evidence	May 3, 2027
Preliminary Hearing Plan to be filed	May 3, 2027
Joint Document Book to be filed	May 10, 2027
Final Hearing Plan to be filed	May 21, 2027
Hearing Begins	May 31, 2027

*Where any dates in this schedule conflict with the dates established in the text of the Procedural Order, those dates established in the text of the Procedural Order shall prevail.