Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2026
CASE NO.: OLT-25-000815
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Kitchener Green Developments Inc.
Respondent: Waterloo Region District School Board
Description: Determination of compensation
Property Address: Block 290 Plan 58M724
Municipality/UT: Kitchener/Waterloo
OLT Case No.: OLT-25-000815
OLT Lead Case No.: OLT-25-000815
OLT Case Name: Kitchener Green Developments Inc. v. Waterloo Region District School Board
BEFORE:
G.A. CROSER
Friday, the 27th
MEMBER
day of February, 2026
THIS MATTER, in respect of the lands known PIN 22728-2213 LT Block 290 Plan 58M724 (“Subject Lands”) in the City of Kitchener (“City”), came before the Ontario Land Tribunal (“Tribunal”) on February 27, 2026 for a Case Management Conference;
AND THE TRIBUNAL having received the Procedural Order, on consent;
THE TRIBUNAL ORDERS
The attached Procedural Order shall govern the remaining procedures leading up to the hearing commencing on Monday, February 1, 2027;
The Hearing is scheduled to commence on Monday, February 1, 2027
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/709076365
Access code: 709-076-365
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: 709-076-365.
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.
“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
Counsel
Kitchener Green Developments Inc.
Alyssa Armstrong
Sean Foran (in absentia)
Waterloo District School Board
Peter A. Hertz
ISSUE DATE: March 17, 2026 CASE NO(S).: OLT-25-000815
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Subject: Property Address/Description: Municipality: OLT Case No.: OLT File No.: OLT Case Name:
Kitchener Green Developments Inc. Determination of compensation PIN 22728-2213 LT Block 290 Plan 58M724 Kitchener, Waterloo (Waterloo District School Board) OLT-25-000815 OLT-25-000815
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 motion.
Organization of the Hearing
The video hearing will begin on February 1, 2027 at 10:00 a.m.
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.
The parties and participants are set out in Attachment 1.
The timetable of pre-hearing dates is set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. 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.
The order of evidence shall be as set out in Attachment 4 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 – 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.
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
Unsworn Affidavits of Documents of the Claimant and the Respondent will be exchanged (with sworn copies to follow in advance of Examinations for Discovery, if Examinations for Discovery are required) on Friday, April 10, 2026.
The parties agree to engage a mediator and complete a mediation by Friday, May 15, 2026.
Examinations for Discovery of the representative of each party, shall be completed on or before Friday, June 5, 2026. The parties consent to conducting examinations by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery on or before Friday, July 10, 2026.
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, July 31, 2026, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.
Unless otherwise provided in a decision of the Tribunal, 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 14 above.
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 by one-hundred (100) days prior to the start of the hearing. 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.
Expert witnesses in the same field shall have until thirty (30) days prior to the hearing to have a meeting 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.
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 20 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.
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 16 above.
At least eighty (80) 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 28 below.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within forty (40) days after the evidence is received and in accordance with paragraph 28 below.
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.
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 28 below.
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.
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.
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.
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.
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 Rule 7.
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
Party Status
Counsel/Representative
Kitchener Green Developments Inc.
Claimant
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
Waterloo Region District School Board
Respondent
DUNCAN, LINTON LLP 45 Erb St. East Waterloo, ON N2J 1L7 Peter A. Hertz (LSO #: 56391N) Tel: (519) 886-3340 phertz@kwlaw.net
Attachment 2 – Timetable
No.
Steps to be Completed
Date to be Completed By
Exchange unsworn Affidavits of Documents, with sworn copies to follow in advance of Examinations for Discoveries, if Examinations for Discoveries are required
April 10, 2026
Mediation
May 15, 2026
Examinations for Discoveries
June 5, 2026
Undertakings to be answered
July 10, 2026
Any motions arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, to be filed with the Tribunal
July 31, 2026
Further answers to undertakings, questions taken under advisement and/or refusals, further examinations for discovery and/or further productions arising from a motion before the Tribunal
Within thirty (30) days of the Tribunal’s Decision, unless otherwise ordered.
Witness List and Curriculum Vitae for each witness
October 26, 2026
Exchange of Witness Statements, Expert Witness Statements/Reports
November 13, 2026
Exchange of Reply Witness Statements
December 23, 2026
Confirm with Tribunal if all the reserved hearing dates are still required
December 28, 2026
Meeting of Like Experts (if any)
January 4, 2027
Statement of Agreed Facts of the Like Experts
January 18, 2027
File written Motion to change written evidence, including witness statements
January 18, 2027
Respondent to Arrange for Court Reporter
Exchange of Visual Evidence Book
January 22, 2027
Joint Document Book
January 22, 2027
Notify the Tribunal if any of the written evidence submitted is not part of the record and that a witness will not be attending the hearing to give evidence.
January 25, 2027
Preparation and Filing of Preliminary Hearing Plan
January 25, 2027
Hearing Dates
February 1 – 10, 2027
Attachment 3
OLT File No.: OLT-25-000815
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:
KITCHENER GREEN DEVELOPMENTS INC.
Claimant
- and -
WATERLOO REGION DISTRICT SCHOOL BOARD
Respondent
ISSUES LIST
- The issues are defined by the pleadings, as amended, and filed with the Tribunal.
Attachment 4
OLT File No.: OLT-25-000815
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:
KITCHENER GREEN DEVELOPMENTS INC.
Claimant
- and -
WATERLOO REGION DISTRICT SCHOOL BOARD
Respondent
ORDER OF EVIDENCE
Claimant evidence in-chief
Claimant evidence in cross-examination
Respondent evidence in-chief
Respondent evidence in cross-examination
Claimant evidence in Reply, if necessary