Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 15, 2026
CASE NO(S).: OLT-25-000738
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: J.H. Chinese Professionals Association of Canada c.o.b. CPAC
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 4150 Finch Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000738
OLT Lead Case No.: OLT-25-000738
OLT Case Name: J.H. Chinese Professionals Association of Canada v. Metrolinx
BEFORE: WILLIAM R. MIDDLETON, VICE-CHAIR
Thursday, the 15^th^ day of January, 2026
THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) in respect of the claim of J.H. Chinese Professionals Association of Canada as against Metrolinx, (collectively, the “Parties”) for compensation pursuant to section 26 of the Expropriations Act, R.S.O. 1990, c. E.26, as amended arising from the expropriation of part of the lands municipally known as 4150 Finch Avenue East;
AND THE TRIBUNAL having received from the Parties the submission of a draft Procedural Order, on January 9, 2026;
NOW THEREFORE;
THE TRIBUNAL ORDERS THAT:
- The hearing of this proceeding is scheduled to commence for a period of eight (8) days on February 22, 2027, at 10 a.m.:
https://global.gotomeeting.com/join/719383509
Audio-only Telephone Line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Access Code: 719-383-509
The Procedural Order appended hereto as “Attachment 1” shall govern the conduct of this proceeding; and
This Vice Chair shall remain seized of this proceeding for the purpose of ongoing case management, 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.
Attachment 1
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 15, 2026
CASE NO(S).: OLT-25-000738
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: J.H. Chinese Professionals Association of Canada c.o.b. CPAC
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 4150 Finch Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000738
OLT Lead Case No.: OLT-25-000738
OLT Case Name: J.H. Chinese Professionals Association of Canada v. Metrolinx
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 Monday, February 22, 2027 at 10 a.m. through the following video link:
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
Parties and participants 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 https://global.gotomeeting.com/install or a web application is available: https://app.gotomeeting.com/home.html
Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 719-383-509.
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 are set out in Attachment 1.
The procedural timetable of pre-hearing steps is set out in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3.
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 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
The Claimant, J.H. Chinese Professional Association of Canada c.o.b. CPAC served and filed a Statement of Claim on September 26, 2025.
Metrolinx served and filed a Reply on or about October 16, 2025.
The parties shall serve their Affidavit of Documents and Productions by January 30, 2026.
Examinations for Discovery of the representative of each party shall be completed on or before March 27, 2026. The parties' consent to conducting examinations for discovery by way of videoconference.
Each party shall answer their respective undertakings arising from examinations for discovery May 1, 2026.
Any motion arising from either documentary discovery or the Examinations for Discovery and answers to undertakings, if necessary, shall be brought, in writing, on or before May 22, 2026 pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, or as the Tribunal may direct.
Further answers to undertaking, 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 15.
The parties shall attend at mediation no later than August 28, 2026.
On or before June 12, 2026, the parties shall exchange, on a without prejudice basis, a preliminary witness list.
On or before July 17, 2026, the parties shall exchange, on a without prejudice basis, preliminary witness statements and/or expert reports, for use at the mediation.
The parties shall exchange and file with the Tribunal their mediation brief no later than seven (7) business days before mediation.
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 September 4, 2026, and in accordance with paragraph 34 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.
Expert witnesses in the same field shall have a meeting on or before October 9, 2026, 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 Coordinator on or before November 27, 2026.
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 witness statement or report, together with all items described above, must be provided as in paragraph 25 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 25 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 25 below.
On or before October 2, 2026, the parties shall provide copies of their witness statements and expert witness statements to the other parties and to the OLT Case Coordinator and in accordance with paragraph 34 below.
Parties may provide to all other parties, and the OLT Case Coordinator, a written response to any written evidence on or before November 6, 2026, and in accordance with paragraph 34 below.
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.
On or before December 4, 2026, (i) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required; and (ii) a party seeking to limit or exclude any written or oral evidence shall file a written motion with the Tribunal for that relief.
The parties shall cooperate to prepare a joint document book and a joint book of witness statements/reports which shall be shared with the OLT Case Coordinator, in electronic copy, on or before December 11, 2026. These items shall be in PDF format, bookmarked with hyperlinks to all items listed in any tables of contents contained therein.
On or before January 29, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 34 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 12, 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.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT Case Coordinator, on or before the first day of the hearing or in advance of the start of the cross-examination of any witness at the hearing.
All filings shall be submitted electronically, unless otherwise directed by the Tribunal. 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.
No adjournments or delays will be granted except in accordance with the Tribunal’s Rule 17.
ATTACHMENT 1
LIST OF PARTIES
J.H. Chinese Professional Association of Canada c.o.b. CPAC (Claimant)
Emilio Bisceglia Bisceglia & Associates Processional Corporation 9100 Jane Street Building “A”, Suite 200 Vaughan, ON L4K 0A4 Email: ebisceglia@lawtoronto.com Tel: (905) 695-5200
Metrolinx (Respondent)
Christel Higgs Kristina Bezprozvannykh M&H LLP 61A Jarvis Street, Suite 200 Toronto, ON M5C 2H2 Email: christel@mhlawyers.ca Email: kristina@mhlalwyers.ca Tel: (416) 947-6701 (Higgs) Tel: (416) 947-6700 x 271 (Bezprozvannykh)
ATTACHMENT 2
SUMMARY OF DATES AND TASKS
DATE
TASK
September 26, 2025
Notice of Arbitration and Statement of Claim
October 16, 2025
Reply
January 30, 2026
Parties’ Affidavit of Documents
March 27, 2026
Examinations for Discovery
May 1, 2026
Undertakings to be Answered
May 22, 2026
Any motions, in writing, arising from Examinations or Undertakings to be requested /scheduled
Within 30 days of receipt of Tribunal’s Order
Any further undertakings to be answered following the motion
May 29, 2026
Contact Tribunal to Schedule Mediation
June 12, 2026
Exchange of Without Prejudice Preliminary Witness List for Mediation
July 17, 2026
Exchange of Without Prejudice Preliminary Witness Statements and/or Expert Reports for Mediation
Seven (7) business days before mediation
Exchange of mediation briefs
August 28, 2026
Mediation
September 4, 2026
Exchange of witness lists
October 2, 2026
Exchange of Witness Statements or Expert Reports
October 9, 2026
Meeting(s) of Like Experts
November 6, 2026
Exchange of Expert Reply Witness Statements / Reply Reports
November 27, 2026
Agreed Statement of Facts
In accordance with the Rules of Civil Procedure
Request to Admit
December 4, 2026
Parties shall confirm with the Tribunal if all the reserved hearing dates are still required; Deadline for written motion to limit or exclude evidence
As Soon As Possible
Arrange for Court Reporter
December 11, 2026
Joint document book and joint witness statement compendium filed with the Tribunal
January 29, 2027
Exchange of visual evidence
February 12, 2027
Hearing plan filed with the Tribunal
Provided to the Tribunal on or before the first day of the hearing or in advance of the start of cross-examination
Documents to be used in cross-examination
February 22, 2027
Hearing commences
ATTACHMENT 3
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Parties.
a. Notice of Arbitration and Statement of Claim; and
b. Reply.
ATTACHMENT 4
ORDER OF EVIDENCE
Claimant evidence in-chief
Claimant evidence in cross-examination
Metrolinx evidence in-chief
Metrolinx evidence in cross-examination
Claimant evidence in Reply, if necessary