Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 16, 2026
CASE NO.: OLT-22-004291
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimant: Dalron Construction Limited
Respondent: City of Greater Sudbury
Subject: Claim for compensation
Property Address/Description: Lots 2 and 3, Concession 6 in McKim Township
Municipality: City of Greater Sudbury
OLT Case No.: OLT-22-004291
OLT Case Name: Dalron Construction Limited v. City of Greater Sudbury
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 16th day of April, 2026
THE TRIBUNAL having received from the Parties a draft Procedural Order in relation to this proceeding involving a claim by Dalron Construction Limited against the City of Greater Sudbury under section 26 of the Expropriations Act, R.S.O. 1990, c.E.26;
AND THE TRIBUNAL having considered the above-described Procedural Order;
THE TRIBUNAL ORDERS THAT:
The Procedural Order attached hereto as Schedule “A”, shall govern the conduct of this proceeding leading up to and including the hearing scheduled to commence on Tuesday April 6, 2027 at 10:00 am for a period of five weeks;
This Vice Chair shall be seized in respect of the ongoing case management of this proceeding, including all pre-hearing motion practice, but shall not be seized in respect of the hearing or 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.
ISSUE DATE: April 15, 2026 CASE NO.: OLT-22-004291
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended.
Claimant: Dalron Construction Limited
Respondent: City of Greater Sudbury
Subject: Claim for compensation
Property Address/Description: Lots 2 and 3, Concession 6 in McKim Township
Municipality: City of Greater Sudbury
OLT Case No.: OLT-22-004291
OLT Case Name: Dalron Construction Limited v. City of Greater Sudbury
PROCEDURAL ORDER
- The Ontario Land Tribunal (“Tribunal”) may vary or add to the directions in this 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 Tuesday April 6, 2027 at 10:00 am as directed by the Tribunal in the Decision issued following the Case Management Conference (“CMC”).
https://meet.goto.com/370987861
ACCESS CODE: 370-987-861
Telephone Conference lines (if required): +1 (647) 497-9391 or Toll Free: 1 888 455 1389
The parties’ initial estimation for the length of the hearing is five (5) weeks. 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 as set out in Attachment 1.
The timetable of pre-hearing steps is set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3.
The order in which evidence will be adduced will be in accordance with Attachment 4, such that the Claimant will lead evidence, the City will respond, and the Claimant may then call reply evidence, if any. 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.
Requirements Before the Hearing
The Claimant served and filed an Amended Notice of Arbitration and Statement of Claim on or about March 8, 2024.
The Respondent served and filed its Amended Reply on or about May 2, 2024.
Unsworn Affidavits of Documents (together with production briefs of the documents) of the Claimant and Respondent were exchanged on or about September 10, 2024.
Examinations for discovery of the representative of each party were completed on or about October 25, 2024.
All undertakings, refusals and questions taken under advisement provided at the examinations for discovery of the parties were answered on or about May 23, 2025.
All supplementary examinations for discovery to be completed by April 30, 2026. All supplementary questions to be answered on or before June 5, 2026.
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 July 3, 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.
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.
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.
Notwithstanding Rule 26.28, the parties will provide copies of all their respective expert witness reports, and non-expert/lay witness statements, including appraisal reports, to the other parties and to the Tribunal case co-ordinator on or before September 4, 2026.
Parties may provide to all other parties and the Tribunal case co-ordinator a written response or reply to any written evidence on or before November 6, 2026.
Expert witnesses in the same field shall have a meeting by on or before February 25, 2027 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 Tribunal’s case co-ordinator by on or before March 5, 2027.
The parties shall consider and confer on mediation at any time up to thirty (30) days before the start of the hearing.
By on or before March 2, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
By on or before March 2, 2027, (a) the Respondent shall arrange for a court reporter to attend at the hearing and (b) if either party seek to limit or exclude any written or oral evidence it must file a written motion for that relief.
Any party that intends to rely on visual evidence at the hearing shall provide copies of its visual evidence to the other party by at least ten (10) days prior to the start of the hearing. If a party intends to rely on a model during the hearing, it must provide a reasonable opportunity to the other party to view the model before the hearing.
The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements, bookmarked in PDF format with hyperlinks to any items listed in any table of contents, which shall be filed with the Tribunal case by on or before March 25, 2027.
A party who provides written evidence of a witness to the other party must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal by on or before March 30, 2027 that the written evidence is not part of their record.
A party wishing to change written evidence, including witness statements, must make a written motion to the Tribunal by on or before March 19, 2027.
Any party choosing to exercise its right to serve a request to admit facts or documents pursuant to Rule 51 of the Rules of Civil Procedure incorporated by reference in OLT Rules 1.4 and 26.3 shall serve such request on the party opposite by on or before March 5, 2027.
The parties shall prepare and file a preliminary hearing plan with the Tribunal by on or before March 5, 2027 with a proposed schedule for the hearing that identifies, at 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 during 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 OLT Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. OLT Rule 17 applies to such requests.
TRIBUNAL REGISTRAR
Attachment 1 – List of Parties
Party
Party Status
Counsel / Representative
Dalron Construction Limited
Claimant
WeirFoulds LLP 66 Wellington Street West Suite 4100, TD Bank Tower P.O. Box 35 Toronto, ON M5K 1B7
Sean Foran (LSO #31047D) Tel: 416-947-5019 Email: sforan@weirfoulds.com
Alyssa Armstrong (LSO #72122S) Tel: 647-970-5173 Email: aarmstrong@weirfoulds.com
City of Greater Sudbury
Respondent
Rayman Harris LLP 250 The Esplanade Suite 202 Toronto, ON M5A 1J2
Shane Rayman (LSO #:44649V) Tel.: 416-597-5406 Email: shane@raymanharris.com
Sarah Spitz (LSO #:75279G) Tel.: 416-306-8705 Email: sara@raymanharris.com
City of Greater Sudbury Legal Services 200 Brady Street Box 5000, Stn. A Sudbury ON P3A 5P3
Tel. 705-674-4455 Fax. 705-673-1651
Attachment 2 – Timetable
Item
Deadline
Amended Statement of Claim
Complete – March 8, 2024
Amended Reply
Complete – May 2, 2024
Exchange Affidavit of Documents
Complete – September 10, 2024
Examinations for Discovery
Complete – October 25, 2024
Supplementary Examinations for Discovery to be Completed
April 30, 2026
Supplementary Questions Arising from Examinations for Discovery to be Answered
June 5, 2026
Exchange of Witness Lists and Curriculum Vitae for Experts
July 3, 2026
Exchange of Witness and Expert Witness Statements / Reports / Lay Witness Statements
September 4, 2026
Exchange of Expert Reply Witness Statements / Reply Reports / Response or Reply to Written Evidence
November 6, 2026
Mediation (if any)
up to March 5, 2027
Meeting of Like Experts (if any)
February 25, 2027
Confirm with Tribunal whether all hearing dates are still required
March 2, 2027
Respondent to Arrange for Court Reporter Written Motion to limit or exclude written or oral evidence
March 2, 2027
Hearing Plan, including order of evidence
March 5, 2027
Request to Admit
March 5, 2027
Agreed Statement of Facts and Issues
March 19, 2027
Notice of any motions re change of written evidence
March 19, 2027
Joint Document Book and Joint Book of Witness Statements, bookmarked and hyperlinked
March 25, 2027
Visual Evidence
March 25, 2027
Advise Tribunal of any written evidence not part of the record, if any
March 30, 2027
Written motion to Tribunal to change written evidence, including witness statements, if any
March 19, 2027
Hearing
April 6, 2027 – May 12, 2027 (excluding May 3 and 4, 2027)
Attachment 3 – Issues List
The issues with respect to the determination of compensation owed to the Claimant pursuant to the Expropriations Act and arising from the City of Greater Sudbury’s partial expropriation of the Claimant’s land as set out in the pleadings in this proceeding.
Attachment 4
OLT File No.: OLT-22-004291
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:
DALRON CONSTRUCTION LIMITED
Claimant
- and -
CITY OF GREATER SUDBURY
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