SSCG International Trading Inc. v. Region of Peel, 2026 CanLII 22808

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

March 12, 2026

CASE NO.:

OLT-25-000519

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

Claimant: SSCG International Trading Inc.

Respondent: Region of Peel

Description: Determination of compensation

Property Address 12595 Airport Road

Municipality/UT: Town of Caledon / Region of Peel

OLT Case No.: OLT-25-000519

OLT Lead Case No.: OLT-25-000519

OLT Case Name: SSCG International Trading Inc. vs. Peel (Region)

BEFORE:

WILLIAM R. MIDDLETON

Thursday, the 12th

VICE-CHAIR

day of March, 2026

THIS PROCEEDING commenced by SSCG International Trading Inc. (“Claimant”) against the Region of Peel (“Region”) for compensation under subsection 26 (1) of the Expropriations Act, R.S.O. 1990, c. E.26, arising from the expropriation by the Region relating to the property municipally known as 12595 Airport Road in the Town of Caledon, Ontario owned by the Claimant;

AND THE PARTIES having advised the Tribunal that they have agreed to a hearing date and having proposed a Procedural Order for the consideration of the Tribunal;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order attached hereto as Schedule “A”, shall govern the future conduct of this proceeding;

2. This Vice Chair shall remain seized of this proceeding for case management purposes including all motion practice but shall not be seized in respect of the final hearing of this matter or for any mediation that 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”

ISSUE DATE: March 12, 2026 CASE NO(S).: OLT-25-000519

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

Claimant: SSCG International Trading Inc.

Respondent: Region of Peel

Description: Determination of compensation

Property Address 12595 Airport Road

Municipality/UT: Town of Caledon / Region of Peel

OLT Case No.: OLT-25-000519

OLT Lead Case No.: OLT-25-000519

OLT Case Name: SSCG International Trading Inc. vs. Peel (Region)

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.

2. 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

3. The video hearing will begin on September 13, 2027, at 10:00 a.m. by videoconference.

GOTO Meeting: https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

4. The parties’ initial estimation for the length of the hearing is seven (7) 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.

5. The parties are set out in Attachment 1.

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

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.

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

Mediation

9. The parties attended at a mediation on October 16, 2025.

10. Subject to the outcome of a mediation assessment, the parties will attend a mediation by July 09, 2027, or a date otherwise scheduled by the Tribunal, to attempt to narrow or resolve the issues.

Pleadings

11. The Claimant delivered its Notice of Arbitration and Statement of Claim on July 04, 2025.

12. The Respondent delivered its Reply on January 06, 2026.

Documentary and Oral Discoveries

13. The parties shall exchange their respective Affidavits of Documents together with productions of the Schedule A documents on or before May 05, 2026.

14. The parties shall exchange the appraisal reports they will rely upon at the hearing on or before July 24, 2026.

15. Examinations for discovery of the representative of each party shall be completed on or before September 25, 2026. The parties consent to conduct examinations for discovery by way of videoconference.

16. Each party shall answer their respective undertakings arising from examinations for discovery on or before November 20, 2026.

17. Any motion(s) arising out of the examinations for discovery shall be served and filed in writing only on or before January 22, 2027.

18. 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 motion described in paragraph 17.

Witnesses and Evidence

19. 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.

20. 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 February 12, 2027 and in accordance with paragraph 38 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.

21. 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 38 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.

22. Unless the Tribunal orders otherwise, no expert shall give oral evidence at the hearing without first having served and filed an expert report.

23. A party who intends to call a witness who is not an expert must file a witness statement, as in paragraph 38 below.

24. On or before February 26, 2027, the parties shall provide copies of their witness and expert witness statements and/or expert reports (apart from any appraisal reports which were provided in accordance with paragraph 15 above) to the other parties and to the OLT case co-ordinator and in accordance with paragraph 38 below.

25. On or before May 07, 2027, the parties shall provide copes of all reply expert reports and witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 38 below.

26. 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.

27. On or before May 21, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 38 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

28. 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.

Mediation Assessment and Pre-Hearing Conference

29. On or before July 9, 2027, the parties shall request and attend a mediation assessment to be scheduled by the Tribunal.

30. On or before July 16, 2027, the parties shall request and attend a pre-hearing conference to be scheduled by the Tribunal.

Requests to Admit

31. Any party choosing to serve a Request to Admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure, incorporated by reference in Tribunal Rule 1.04, shall serve such Request or Requests on the party or parties opposite on or before July 23, 2027.

32. Responses to any Request(s) to Admit shall be served in accordance with the Rules of Civil Procedure.

Hearing Plan and Arrangements

33. On or before August 02, 2027, the parties shall: (a) confirm with the Tribunal if all the reserved hearing dates are still required; and (b) bring a written motion if it is sought to limit or exclude any written or oral evidence of either party.

34. 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 August 02, 2027.

35. The parties shall cooperate to prepare a joint document book and a joint witness statement compendium, in PDF format bookmarked with hyperlinks to all items listed in any table of contents, which shall be delivered to the Tribunal on or before August 09, 2027.

36. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before August 16, 2027, 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

37. 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 Rule 7.

38. No adjournments or delays will be granted before or during the hearing except by the Tribunal’s Order pursuant to a motion brought in accordance with Rule 17.

“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

Party

Party Status

Counsel / Representative

SSCG International Trading Inc.

Claimant

UNIFIED LLP Barristers & Solicitors 197 Spadina Avenue, Suite 400 Toronto, Ontario M5T 2C8 Michael Paiva (LSO #64739I) T: 416.800.1733 michael@unifiedLLP.com

Spencer Roberts (LSO #86790V) T: 416.800.1733 spencer@unifiedLLP.com

Regional Municipality of Peel

Respondent

SCARGALL OWEN-KING LAVICTOIRE LLP 17 Leader Lane Toronto, ON M5E 1L8 Paula Trattner (LSO #42153V) Tel: 437.253.9093 paula.trattner@sokllp.com Aadil Nathani (LSO #83145M) Tel: 416.869.2202 aadil.nathani@sokllp.com

Attachment 2

OLT File No.: OLT-25-000519

ONTARIO LAND TRIBUNAL

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

AND IN THE MATTER OF AN ARBITRATION

B E T W E E N:

SSCG INTERNATIONAL TRADING INC.

Claimant

• and -

REGIONAL MUNICIPALITY OF PEEL

Respondent

TIMETABLE

Event

Date

Delivery of Respondent’s Reply

January 6, 2026

Exchange of Affidavit of Documents

May 5, 2026

Exchange of Appraisal Reports

July 24, 2026

Discovery Examinations

September 25, 2026

Answers to Undertakings

November 20, 2026

Serve and File Motions

January 22, 2027

Lists of Witnesses

February 12, 2027

Witness Statements & Additional Expert Reports

February 26, 2027

Mediation Assessment Request, if any

March 12, 2027

Reply Witness Statements & Reply Expert Reports

May 7, 2027

Visual Evidence

May 21, 2027

Deadline to file motion to object to and seek to exclude evidence

June 10, 2027

Mediation (if necessary)

July 9, 2027

Pre-Hearing Conference

July 16, 2027

Request to Admit Facts

July 23, 2027

Confirmation of Hearing Dates Motion to exclude written or oral evidence of either party

August 2, 2027

Confirmation of Court Reporter

August 2, 2027

Joint Document Book and Joint Witness Statement Compendium

August 9, 2027

Hearing Plan

August 16, 2027

Hearing (Videoconference)

September 13 – September 21, 2027 (7 days)

Attachment 3

OLT File No.: OLT-25-000519

ONTARIO LAND TRIBUNAL

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

AND IN THE MATTER OF AN ARBITRATION

B E T W E E N:

SSCG INTERNATIONAL TRADING INC.

Claimant

• and -

REGIONAL MUNICIPALITY OF PEEL

Respondent

ISSUES LIST

1. The issues are defined by the pleadings of the parties as filed with the Tribunal.

Attachment 4

OLT File No.: OLT-25-000519

ONTARIO LAND TRIBUNAL

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

AND IN THE MATTER OF AN ARBITRATION

B E T W E E N:

SSCG INTERNATIONAL TRADING INC.

Claimant

• and -

REGIONAL MUNICIPALITY OF PEEL

Respondent

ORDER OF EVIDENCE

1. The order of presentation of evidence shall be:

a. case for the Claimant;

b. case for the Respondent; and

c. reply by the Claimant.