Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 15, 2026
CASE NO.:
OLT-25-000052 OLT-25-000053
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant
Dundas Automotive Repair Ltd.
Respondent
The Corporation of the City of London
Description:
Determination of compensation
Property Address:
1152 Dundas Street
Municipality/UT:
London/Middlesex
OLT Case No:
OLT-25-000052
OLT Lead Case No.:
OLT-25-000052
OLT Case Name:
Dundas Automotive Repair Ltd. v. London (City)
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant
Luciano and Leonarda Fatibene
Respondent
The Corporation of the City of London
Description:
Determination of compensation
Property Address:
1220 Dundas Street
Municipality/UT:
London/Middlesex
OLT Case No:
OLT-25-000053
OLT Lead Case No.:
OLT-25-000053
OLT Case Name:
Fatibene v. London (City)
BEFORE:
WILLIAM R. MIDDLETON
VICE-CHAIR
Wednesday, the 25^th^
day of February, 2026
THESE MATTERS having come before the Tribunal for a Case Management Conference (“CMC”) held by videoconference on February 25, 2026;
AND THE PARTIES having advised the Tribunal at the CMC that they consent to a hearing in each of the above-noted matters being scheduled to proceed together on January 11, 2027 for a period of fifteen (15) days thereafter (not including January 25, 2027) (the “Hearing”) by videoconference;
AND THE PARTIES having submitted a draft Procedural Order subsequent to the CMC for the consideration of the Tribunal;
AND THE TRIBUNAL at the CMC having scheduled the Hearing by videoconference to commence on January 11, 2027 at https://meet.goto.com/370987861;
THE TRIBUNAL ORDERS THAT:
The Procedural Order appended hereto as Schedule 1 shall govern the conduct of this proceeding;
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 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 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 initiative.
Organization of the Hearing
The video hearing will begin on January 11, 2027 at 10am.
The parties’ initial estimation for the length of the hearing is fourteen (14) 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 issues are set out in the Issues List attached as Attachment 2.
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 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
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 October 1, 2026. 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 November 1, 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 co-ordinator on or before November 15, 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 must be provided as in paragraph 13 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 13 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 13 below.
On or before October 15, 2026, 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 22 below.
On or before November 30, 2026 parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before November 1, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing. On or before November 1, 2026, a party seeking to limit or exclude any oral or written evidence shall file a written motion for that relief.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within seven (7) days after the evidence is received and in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements, bookmarked in PDF format with hyperlinks to all items listed in any table of contents, which shall be delivered to the OLT on or before December 1, 2026.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal, except on the consent of the other parties.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 30, 2026 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 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 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.
TRIBUNAL REGISTRAR
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and
(5) a list of reports or materials that the witness will rely on at the hearing. An expert
witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross- examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
ATTACHMENT 1
Party Information
Party
Party Status
Counsel / Representative
Dundas Automotive Repair Ltd.
Claimant
LEDROIT SABO
46 Ridout Street South London ON N6C 3W6
Ondrej Sabo
Tel: 519-432-9051 ext. 201
Paul Ledroit
Tel: 519-432-9051 ext. 200
Gabriel Murray, student at law Tel: 519-432-9051 ext. 201
Anita Jones
519-432-9051 ex. 202
The Corporation of the City of London
Respondent
THE CORPORATION OF THE CITY OF LONDON
300 Dufferin Avenue
P.O. Box 5035
London, ON N6A 4L9
Greg Sanders (LSO# 86069E) Tel: 226-386-4291
ATTACHMENT 2
Issues List
The issues shall be those as set out in the pleadings delivered by the Parties, as may be amended upon the Order of the Tribunal.
ATTACHMENT 3
Order of Evidence
Claimant’s Evidence;
Respondent’s Evidence; and,
Claimant’s Reply Evidence, if any.
ATTACHMENT 4
Timetable
Exchange of Affidavit of Documents
Completed
Examinations for Discovery
Completed
Exchange of Answers to Undertakings
Completed
Any Motions arising from Examinations for Discovery
October 1, 2026
Exchange of List of Witnesses
October 1, 2026
Meeting(s) of Like Expert Witnesses
November 1, 2026
Submission of Statement of Agreed Facts and Issues
November 15, 2026
Exchange of Witness or Expert Witness Statements or Reports
October 15, 2026
Confirmation if all reserved hearing dates are
still required
November 30, 2026
Any Motions seeking to limit or exclude written or oral evidence of any witness
November 1, 2026
Exchange of Visual Evidence
November 1, 2026
Exchange of Reply Witness Statements
November 11, 2026
Submission of Joint Document Book and Joint Compendium of Witness Statements, bookmarked and hyperlinked
December 1, 2026
Submission of Preliminary Hearing Plan
November 30, 2026
Hearing (fourteen days)
January 11, 2027