Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 24, 2026

CASE NO.: OLT-25-000468

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: K & S Land Holding Co. Ltd.

Respondent: The Corporation of the City of Windsor

Description: Determination of compensation

Reference Number: Plan of Expropriation CE1118437

Property Address: 490 Division Road

Municipality: Windsor

OLT Case No.: OLT-25-000468

OLT Lead Case No.: OLT-25-000468

OLT Case Name: K & S Land Holding Co. Ltd. v. The Corporation of the City of Windsor

BEFORE:

WILLIAM R. MIDDLETON VICE-CHAIR

Friday, the 24th day of April, 2026

THE TRIBUNAL further to the Decision issued on April 7, 2026, having received and considered a draft Procedural Order submitted by the Parties;

THE TRIBUNAL ORDERS THAT:

1The Procedural Order, attached hereto as Schedule “A”, shall govern the conduct of this proceeding leading up to and including the hearing, which is scheduled to commence on November 9, 2026, for a period of 4 days; and

2This Vice Chair shall remain seized of this proceeding for ongoing case management purposes, including all motion practice, but shall not be seized for the final hearing or for 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.

SCHEDULE ‘A’

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 November 9, 2026 at 10:00 a.m.

Video Hearing Link: https://global.gotomeeting.com/join/914098901 Access Code: 914-098-901

Conference Line Number:

1-888-299-1889 (Toll Free) or +1 (647) 497-9373

Access Code: 914-098-901

3. The parties’ initial estimation for the length of the hearing is 4 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.

4. The parties are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. 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.

7. 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

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 September 15, 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. 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.

10. 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.

11. On or before September 25, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.

12. On or before October 2, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

13. On or before September 25, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

14. Parties shall deliver to all other parties and the OLT case co-ordinator reply witness statements or reports by on or before October 15, 2026.

15. 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 OLT case co-ordinator on or before October 30, 2026. A party seeking to limit or exclude any oral or written evidence shall file a written motion by on or before October 30, 2026.

16. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal as soon as possible.

17. 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.

18. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 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.

19. 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. The parties shall arrange for a verbatim reporter to record in writing all evidence at the hearing as in accordance with Rule 26.34.

20. Set out below are additional prescribed procedural steps in this matter:

a. Examinations for discovery shall be commenced on or before June 1, 2026 “Examinations”). The Claimant shall provide a Supplementary Affidavit of Documents (and copies of the documents) at least 7 days prior to the commencement of the Examinations;

b. Any undertakings of either party arising from the Examinations shall be completed on or before July 3, 2026;

c. Motions arising from Examinations and answers to undertakings shall be filed in writing only on or before August 14, 2026.

21. No adjournments or delays will be granted before or during the hearing in accordance with the Tribunal’s Rule 17.

TRIBUNAL REGISTRAR

ATTACHMENT 1

Party Information

Party: K & S Land Holding Co. Ltd.

Party Status: Claimant

Counsel / Representative:

LEDROIT SABO 46 Ridout Street South London ON N6C 3W6 Ondrej Sabo Tel: 519-432-9051 ext. 201 osabo@ledroitsabo.com Paul Ledroit Tel: 519-432-9051 ext. 200 pledroit@ledroitsabo.com

Party: The Corporation of the City of Windsor

Party Status: Respondent

Counsel / Representative:

THE CORPORATION OF THE CITY OF WINDSOR 400 City Hall Square East Windsor, ON N9A 7K6 Aaron Farough (LSO No. 69817E) Tel: 519.266.6100 ex. 6850 afarough@citywindsor.ca

ATTACHMENT 2

Issues List

1. Compensation payable as to the Market Value of the expropriated lands;
2. Compensation payable, if any, arising from removal of lawn, shrubs, and trees.

ATTACHMENT 3

Order of Evidence

1. Preliminary Matters (if any)
2. Opening Statements
3. Claimant’s Evidence
4. Respondent’s Evidence
5. Claimant’s Reply Evidence
6. Closing Written Argument

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.

“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.