Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 25, 2026
CASE NO(S).:
OLT-25-000726
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
City of Toronto
Respondents:
Gurnam Multani, Surjit Multani, Dramel Limited, et al.
Description:
Determination of compensation
Reference Number:
N/A
Property Address
1430 Gerrard Street
Municipality:
Toronto
OLT Case No.:
OLT-25-000726
OLT Lead Case No.:
OLT-25-000726
OLT Case Name:
Toronto (City) v. Multani et al.
Heard:
March 10, 2026 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto (“City”)
M. Longo, E. Rizwani
Dramel Limited (“Dramel”)
M. Robins, M. Taghivand, F. Sperduti
Melvyn Solmon
M. Solmon
King in Right of Canada, Canada Revenue Agency (“CRA”)
R. Ramoodit
Empire Capital Inc.
E. Wuschnakowski
Gurnam Multani, Surjit Multani (“Original Owners”)
I. Multani*
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON MARCH 10, 2026 AND ORDER OF THE TRIBUNAL
1This decision arises from a Case Management Conference (“CMC”) held on March 10, 2026. This proceeding involves several expropriation actions under the Expropriations Act, R.S.O. 1990, c. E.26 (“Act”) in relation to a property municipally known as 1430 Gerrard Street in the City (“Property”). There is a multiplicity of proceedings related to this matter which in turn involve a large multi-million dollar settlement offer made by the City under section 25 of the Act. Simply put, due to several different charges registered against the Property by Dramel (and other entities) Dramel seeks the pay-out of “its part” of the settlement offer in accordance with its priority claims. It appears that the other Parties agree that Dramel’s rights are ‘first in priority’.
2Prior to the CMC, Dramel had brought a motion against the City to determine its rights to payment as described in [1] above (“Motion”). Originally, the Motion was made returnable at the CMC but Dramel and the City subsequently both consented to an adjournment of the Motion to a later date because not all required materials had yet been filed. At the CMC, the Tribunal granted this adjournment.
3Another issue relates to whether there is a claim for market value compensation under the Act over and above the offer made by the City under section 25 of the Act. No Party other than the Original Owners have suggested that there is such a claim. Unfortunately, the Original Owners have not been able to retain legal counsel to assist them, although they have previously sent to the City a real estate appraisal which they say supports their claim. The Tribunal is aware that the Original Owners have not yet secured legal counsel despite almost two years of effort to do so, according to their son who represented their interests at the CMC. Subsequent to the CMC, the Tribunal received additional correspondence from the son of the Original Owners about this problem. The Original Owners did not appear at the CMC to speak to this matter.
4The claim described in paragraph [3] will require a full hearing if it is to be adjudicated by the Tribunal. To that end, the City and other Parties wish to conclude a Procedural Order (“PO”) and to schedule a hearing. According to their son who appeared at the CMC, the Original Owners are reluctant to do so because they are still seeking legal counsel – although they have been searching for a very long time in that regard. From the Tribunal’s standpoint, progress must be made in this proceeding because numerous extensions of time in 2025 for that purpose have already been granted to the Original Owners. It is not in the public interest for this matter to remain indefinitely outstanding. Of course, ultimately the Original Owners are free to prosecute their alleged claim without being represented by legal counsel.
5In the meantime, the Motion should proceed under the timetable set out in the Orders made below and the Tribunal directed that all materials should be filed on the basis that the Motion will now proceed in writing only. If the Parties nonetheless seek an oral hearing event, they may make those submissions in their motion materials. The materials should include factums and briefs of authorities. The legal issues on the Motion are unusual and complex and the Parties will need to give careful consideration to the jurisdiction of the Tribunal to make the Orders which Dramel apparently seeks.
6Subsequent to the CMC, the Tribunal received a draft PO from the City which has apparently been reviewed by the other Parties. The son of the Original Owners corresponded with the Tribunal concerning the PO objecting to some of the proposed deadlines set out in the PO and also noting two periods of time spanning a total of 6 months in both 2026 and 2027 during which he is “unavailable”. No further explanation was provided. The Tribunal has considered these submissions made on behalf of the Original Owners but notes that it must control its proceedings in a fair and efficient manner and also that its practice is not to accommodate long periods of unexplained delay in relation to claims made under the Act, particularly when those claims relate to an expropriation which occurred almost two years ago on April 29, 2024. If a hearing takes place on May 17, 2027 then another year will have also transpired and more than three years will have passed since the expropriation.
ORDER
7THE TRIBUNAL ORDERS THAT:
(a) Dramel Limited (“Dramel”) and the City of Toronto (“City”) shall complete their filings in writing only for the motion relief sought by Dramel in this proceeding (“Written Motion”), as follows:
March 25, 2026
Further Responding Materials from the City (if necessary)
April 8, 2026
Further Reply Materials from Dramel (if necessary)
April 17, 2026
Dramel’s Factum
April 24, 2026
City’s Factum
April 29, 2026
Dramel’s Reply Factum (if necessary)
(b) In the event that Dramel and the City wish the Tribunal to schedule a hearing event in order to deliver oral submissions concerning the Written Motion they shall make that request in their written materials;
(c) The Procedural Order appended as Attachment A hereto, shall govern the future conduct of this proceeding; and
(d) This Vice-Chair shall remain seized of the Written Motion and of the ongoing case management of this proceeding, including all matters arising from the Orders made above, but shall not be seized in respect of any mediation which may be convened.
“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.
ATTACHMENT A
Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca
ISSUE DATE: CASE NO.: OLT-25-000726
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:
CITY OF TORONTO
Expropriation Authority
- and -
GURNAM MULTANI
Respondent
- and -
SURJIT MULTANI
Respondent
- and -
DRAMEL LIMITED
Respondent
- and -
MELVYN SOLMON
Respondent
- and -
EMPIRE CAPITAL INC.
Respondent
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
Respondent
- and -
YURY BOLTYANSKY
Respondent
- and -
Jayshree Chanchlani
Respondent
- and -
HIS MAJESTY THE KING IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL REVENUE
Respondent
- 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 Monday May 17, 2027, at 10:00 a.m.
GoToMeeting: https://meet.goto.com/370987861
Access code: 370-987-861
Audio Only Line: (Toll-Free) 1 888 455 1389 or +1 (647) 497-9391
Audio-Only Access Code: 370-987-861
The parties’ initial estimation for the length of the hearing is ten (10) 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 are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
Issues
The issues are set out in the pleadings delivered in this proceeding, including the following:
City of Toronto Notice of Arbitration dated September 18, 2025
Kuldeep Ghotra Statement of Claim dated October 30, 2025
Empire Capital Inc. Statement of Claim dated November 10, 2025
Dramel Limited Statement of Claim dated November 24, 2025
City of Toronto Reply to the Statement of Claim of Dramel Limited dated December 12, 2025
His Majesty the King in Right of Canada (Minister of National Revenue) Statement of Claim dated March 3, 2026
Order of Evidence
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 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
Any additional Statements of Claim shall be filed by any parties on or before April 24, 2026. An Application and Statement of Claim is required under Rule 26 of the Tribunal’s Rules of Practice and Procedure in order to commence any claims under the Expropriations Act, R.S.O. 1990, c. E.26.
Sworn Affidavits of Documents of all parties will be exchanged on or before May 25, 2026.
Examinations for Discovery will take place on or before Friday, July 31, 2026. All undertakings provided at the Examinations for Discovery of the parties will be answered on or before Friday, October 2, 2026.
Any motions resulting from the Undertakings and Refusals shall be filed in writing only no later than 14 days after all undertakings and refusals have been delivered.
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 following the Tribunal’s disposition on any motions resulting from Undertakings and Refusals but in any event no later than the exchange of expert witness statements in accordance with the date set out in paragraph 14 of this Order.
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 14 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 14 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 16 below.
On or before Friday, January 15, 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 25 below.
The parties agree that, if attendance at mediation is agreed to by both parties after the exchange of expert reports, the parties are to request the Tribunal's assistance with mediation on or before Monday February 15, 2027, and participate in a mediation pursuant to Rule 18 of the Tribunal’s Rules of Practice and Procedure before the Tribunal.
The parties shall deliver all reply expert witness statements and reply witness statements on or before Friday, February 12, 2027.
Expert witnesses in the same field shall have a meeting on or before Friday, February 26, 2027 and use best efforts to try to resolve or reduce the issues for the hearing.
On or before Monday, March 15, 2027, the parties shall (a) confirm with the Tribunal if all the reserved hearing dates are still required and (b) file a written motion if any party seeks to limit or exclude any written or oral evidence of another party.
The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements, in PDF format with hyperlinks to any items listed in any table of contents, which shall be filed with the Tribunal on or before Friday, April 2, 2027.
On or before Friday, April 16, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with Rule 10 of the Ontario Land Tribunal Rules of Practice and Procedures, which requires that the moving party provide copies of the motion to all other parties fifteen (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 on or before Monday, May 3, 2027, that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, May 3, 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.
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 Rule 7 of the Ontario Land Tribunal Rules of Practice and Procedure.
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.
TRIBUNAL REGISTRAR
KEY PROCEDURAL DATES
Description
Day
Date
Statement of Claim filing deadline for all parties
Friday
April 24, 2026
Exchange of Affidavit of Documents (sworn)
Monday
May 25, 2026
Deadline to exchange draft Appraisals
15 days before Examinations for Discoveries
Examinations for Discovery
Friday
July 31, 2026
Answers to Undertakings
Friday
October 2, 2026
Written Motions on Undertakings
Friday
14 days after undertakings delivered
Mediation request deadline
Monday
February 15, 2027
Exchange of Witness and Expert Statements, and Witness Lists
Friday
January 15, 2027
Exchange of Reply Witness and Reply Expert Statements
Friday
February 12, 2027
Meeting of Experts
Friday
February 26, 2027
Advise if any Hearing Dates can be released; Filing of written motions to limit or exclude evidence
Monday
March 15, 2027
Joint Book of Documents and Joint Compendium of Witness Statements to be filed
Friday
April 2, 2027
Exchange of Visual Evidence
Friday
April 16, 2027
Preliminary Hearing Plan to be filed
Monday
May 3, 2027
Advise if any Witnesses not being called
Monday
May 3, 2027
Hearing
Monday
May 17-28, 2027
ATTACHMENT #1
PARTIES
Counsel for the Expropriation Authority:
City of Toronto Legal Services 26th Floor, Metro Hall Stn. 1260
55 John Street
Toronto, ON M5V 3C6
Matthew Longo Tel: 416-392-8109
Ebaadh Rizwani
Tel: 647-456-6271
Counsel for the Respondents:
DRAMEL LIMITED
LENCZNER SLAGHT LLP
130 Adelaide Street West, Suite 2600
Toronto, ON M5H 3P5
Madison Robbins (70110K)
Tel: (416) 865-3736
Fax: (416) 865-9010
Email: mrobins@litigate.com
Mahgol Taghivand (87415V)
Tel: (416) 238-5450
Fax: (416) 865-9010
Email: mtaghivand@litigate.com
And
FJS Lawyers
3651 Major Mackenzie Dr. W,
Suite 412,
Woodbridge, ON,
L4H 0A2
Frank Sperduti (40677N)
Tel: (416) 709-1842
Fax: (416) 367-6749
Email: Frank.Sperduti@fjslawyers.ca
GURNAM MULTANI and SURJIT MULTANI
81 Parkview Hill Crescent
Toronto, ON M4B 1R3
Email: imultani5000@gmail.com
MELVYN SOLMON
Solmon Rothbart Tourgis Slodovnick LLP
375 University Avenue, Suite 701
Toronto, ON M5G 2J5
Email: msolmon@srtslegal.com
JAYSHREE CHANCHLANI
Simmons da Silva LLP
201 County Court Blvd, Suite 201
Brampton, ON L6W 4L2
Pathik Baxi
Office: 905-457-1660 Ext.233
Direct: 905-861-2822
Fax: 905-457-5641
E-mail: pathik@sdslawfirm.com
EMPIRE CAPITAL INC.
Naymark LLP
30 Duncan Street, 5th Floor
Toronto, ON M5V 2C3
Daniel Naymark (56889G)
Email: dnaymark@naymarklaw.com
Tel: (416) 640-6078
Emily Wuschnakowski (90277T)
Email: ewuschnakowski@naymarklaw.com
Tel: (437) 222-1080
CANADIAN IMPERIAL BANK OF COMMERCE
750 Lawrence Avenue West, E4
Toronto, ON M6A 1B8
c/o: Bryan Chalmers
Email: bryan.chalmers@cibc.com
YURY BOLTYANSKY
Himelfarb Proszanski LLP
480 University Avenue, Suite 1401
Toronto, ON M5G 1V2
Romena Pinto
Email: rpinto@himprolaw.com
HIS MAJESTY THE KING IN RIGHT OF CANADA AS REPRESENTED BY
THE MINISTER OF NATIONAL REVENUE
Randy Ramoodit
Email: randy.ramoodit@justice.gc.ca
Frank D’Allessandro
Email: frank.dallessandro@justice.gc.ca
ATTACHMENT #2
ORDER OF EVIDENCE
Claimants/Respondents
Expropriation Authority
Reply of the Claimants, if any