Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 17, 2026 CASE NO.: OLT-22-004592

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

Claimant: Relax Realty Inc. Respondent: Corporation of the City of London Subject: Determination of compensation Property Address: Various locations Municipality/UT: London/Middlesex OLT Case No.: OLT-22-004592 OLT Lead Case No.: OLT-22-004592 OLT Case Name: Relax Realty Inc. v. London (City)

BEFORE: WILLIAM R. MIDDLETON VICE CHAIR Friday, the 17th day of April, 2026

UPON a claim by Relax Realty Inc. seeking compensation pursuant to section 26 of the Expropriations Act, R.S.O. 1990, c. E.26 as against the Corporation of the City of London (collectively, “Parties”);

AND THE TRIBUNAL having conducted a status conference in this proceeding on April 16, 2026 in respect of the upcoming hearing scheduled to commence on May 19, 2026;

AND THE TRIBUNAL having received, discussed and considered a draft Procedural Order submitted by the Parties;

THE TRIBUNAL ORDERS THAT:

1. The hearing currently scheduled to commence on May 19, 2026 will now proceed for a total of seven days ending on May 27, 2026 (“Hearing”);

2. The Procedural Order appended as Attachment ‘A’ hereto shall govern this proceeding; and

3. This Vice Chair is seized of this proceeding for ongoing case management purposes and also for the Hearing but shall not be seized in respect of any mediation which 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 ‘A’

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 17, 2026 CASE NO.: OLT-22-004592

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

Claimant: Relax Realty Inc. Respondent: Corporation of the City of London Subject: Determination of compensation Property Address: Various locations Municipality/UT: London/Middlesex OLT Case No.: OLT-22-004592 OLT Lead Case No.: OLT-22-004592 OLT Case Name: Relax Realty Inc. v. London (City)

Procedural Order

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.

Organization of the Hearing

2. The video hearing will begin on May 19, 2026 at 10:00 a.m. and shall conclude on May 27, 2026: https://global.gotomeeting.com/join/914098901 Access Code: 914-098-901

3. 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.

4. The issues are set out in the Issues List attached as Attachment 1. 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.

5. The order of evidence shall be as set out in Attachment 2 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. The parties are identified in Attachment 3 to this Order. Attachment 4 is a summary of all timelines reflected in this Order.

6. 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.

7. A party who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

8. 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 April 17, 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.

9. Expert witnesses in the same field shall have a meeting on or before April 21, 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 April 27, 2026.

10. 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. 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.

11. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence.

12. On or before April 27, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.

13. On or before May 4, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

14. On or before May 4, 2026, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

15. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received.

16. The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements/outlines which shall be filed with the OLT on or before May 4, 2026.

17. A person wishing to (a) change written evidence, including witness statements or (b) limit or exclude any written or oral evidence of any witness must make a written motion to the Tribunal by on or before May 8, 2026.

18. 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.

19. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 8, 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.

20. 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 the Rule 7.

21. 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 Vice Chair is seized.

So orders the Tribunal.

Attachment 1 – Issues List

1. What is the market value of the Subject Lands expropriated?
2. What compensation for injurious affection is owed, if any?
3. What compensation for disturbance damages is owed, if any?
4. Order in regard to the claimant’s entitlement to interest and costs?

Attachment 2 – Order of Evidence

1. Claimant
2. Respondent
3. Claimant in Reply, if required

Attachment 3 – Parties List

Party: Relax Realty Inc. Party Status: Claimant Counsel/Representative: LERNERS LLP 85 Dufferin Avenue P.O. Box 2335 London, ON N6A 4G4 Paul Brooks (LSO#24632S) Tel: (519) 640-6311 pbrooks@lerners.ca

Party: The Corporation of the City of London Party Status: Respondent Counsel/Representative: THE CORPORATION OF THE CITY OF LONDON P.O. Box 5035, 300 Dufferin Avenue, London, ON N6A 4L9 Laura McFalls (LSO #84497B) Tel: (228) 559-2043 lmcfalls@london.ca

Attachment 4 – Summary of Timelines

Date: April 17, 2026 Event: Exchange of witness list and order of call

Date: April 21, 2026 Event: Expert’s meeting to use best efforts to try and resolve or reduce the issues

Date: April 27, 2026 Event: Prepare and file Statement of Agreed Facts and Issues with OLT

Date: April 27, 2026 Event: Provide copies of witness and expert witness statements to parties and OLT case coordinator

Date: May 4, 2026 Event: Confirm with Tribunal if all reserved hearing dates are still required

Date: May 4, 2026 Event: Provide copies of visual evidence to all parties

Date: May 4, 2026 Event: Prepare and file joint document book and joint compendium of witness statements

Date: May 8, 2026 Event: Prepare and file hearing plan – Motion to limit or exclude or change evidence