Doctor Azim Parekh Dentistry Processional Corporation O/A Sheppard Village Dental v Metrolinx, 2026 CanLII 46890

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 12, 2026

CASE NO.:

OLT-24-000939

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

Claimant:

Doctor Azim Parekh Dentistry Processional Corporation O/A Sheppard Village Dental

Respondent:

Metrolinx

Description:

Determination of compensation

Reference Number:

Expropriation Plan No. AT5880352

Property Address

4651 Sheppard Avenue East

Municipality:

Toronto

OLT Case No.:

OLT-24-000939

OLT Lead Case No.:

OLT-24-000939

OLT Case Name:

Doctor Azim Parekh Dentistry Processional Corporation O/A Sheppard Village Dental v Metrolinx

BEFORE:

WILLIAM R. MIDDLETON

Tuesday, the 12th

VICE-CHAIR

day of May, 2026

THE TRIBUNAL having received and considered a draft Procedural Order from the Parties;

AND THE TRIBUNAL having received from the Parties a proposed date for the final hearing of this proceeding;

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order attached hereto as Schedule “A”, shall govern the future conduct of this proceeding leading up to and including the hearing, which is scheduled to commence on May 31, 2027 for a period of five days; and

2. This Vice Chair shall be seized of this matter for the purpose of ongoing case management, 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 May 31, 2027, at 10:00 a.m. at:

GoTo Meeting: https://meet.goto.com/370987861 Access code: 370-987-861

You can connect to the call by dialling 1 888 455 1389 (Toll Free) or +1 (647) 497-9391. The access code is 370-987-861.

Ontario Land Tribunal

655 Bay Street, 16^th^ Floor

Toronto, Ontario M5G 1E5

3. The parties’ initial estimation for the length of the hearing is five (5) 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 as set out in Attachment 1.

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

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, or by Order of the Tribunal.

7. The procedural timetable of pre-hearing steps is set out in Attachment 4 to this Order.

8. 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

9. The Claimant, Doctor Azim Parekh Dentistry Professional Corporation o/a Sheppard Village Dental, served and filed a Notice of Arbitration and Statement of Claim on September 16, 2024.

10. The Respondent, Metrolinx, served and filed a Reply on October 7, 2024.

11. The parties shall exchange their respective sworn Affidavits of Documents and Productions by May 29, 2026.

12. Examinations for Discovery of the representative of each party shall be completed on or before July 17, 2026.

13. Each party shall answer their respective undertakings arising from examinations for discovery on or before August 26, 2026.

14. Any motions arising from documentary discovery, examinations for discovery, or answers to undertakings, if any, shall be filed in writing with the Tribunal by September 23, 2026.

15. Further answers to undertakings, questions taken under advisement, and/or refusals, further examinations for discovery, and/or further productions arising from a motion, as contemplated in the preceding paragraph, are to be answered, held, and/or provided within thirty (30) days of Tribunal’s decision on the motion.

16. The parties shall endeavour to attend at mediation no later than December 18, 2026.

17. The parties shall exchange, on a without prejudice basis, a preliminary witness list no later than thirty (30) days prior to the scheduled mediation.

18. The parties shall exchange, on a without prejudice basis, preliminary witness statements and/or expert reports, for use at the mediation no later than fourteen (14) days prior to the mediation.

19. 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 9, 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.

20. On or before November 6, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.

21. Expert witnesses in the same field shall have a meeting on or before February 5, 2027, and use best efforts to try to resolve or reduce the issues for the hearing.

22. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on February 19, 2027.

23. 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. 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.

24. 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.

25. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before December 4, 2026.

26. A person wishing to change written evidence, including witness statements, or a party wishing to limit or exclude any written or oral evidence must file a written motion to the Tribunal by on or before February 1, 2027.

27. 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.

28. On or before thirty (30) days prior to the start of the hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

29. On or before seven (7) days prior to the start of the hearing, 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.

30. The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements, bookmarked in PDF with hyperlinks to all items listed in any table of contents, which shall be filed with the OLT on or before fourteen (14) days prior to the start of the hearing.

31. 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 co-ordinator, 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.

32. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.

33. 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.

34. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before fifteen (15) days prior to the start of the hearing 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.

35. All filings shall be submitted electronically and in hard copy. 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.

36. No adjournments or delays will be granted before or during the hearing except pursuant to a motion brought in accordance with Rule 17.

“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

PARTICIPATION LIST

Party

Party Status

Counsel / Representative

Doctor Azim Parekh Dentistry Professional Corporation o/a Sheppard Village Dental

Claimant

GOLDSTEIN LAW FRIM

306 Manning Avenue

Toronto, Ontario M6J 2K9

Jeff Goldstein (LSO# 67763B)

Tel: 647.838.6740

Email: jeff@goldsteinlawyers.ca

Metrolinx

Respondent

M&H LLP

61A Jarvis St., Suite 200

Toronto, ON M5C 2H2

Christel Higgs (LSO #53408T)

Tel: (416) 947-6701

Email: christel@mhlawyers.ca

Jessica Karban (LSO #75541D)

Tel: (416) 947-6700 ext. 212

Email: jessica@mhlawyers.ca

ATTACHMENT 2

OLT File No.: OLT-24-000939

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:

DOCTOR AZIM PAREKH DENTISTRY PROFESSIONAL CORPORATION

o/a SHEPPARD VILLAGE DENTAL

Claimant

• and -

METROLINX

Respondent

ISSUES LIST

1. The issues are as set out in the pleadings filed with the Tribunal by the parties, as listed below:

a. the Notice of Arbitration and Statement of Claim, served September 16, 2024; and

b. Reply of Metrolinx, dated October 7, 2024.

ATTACHMENT 3

ORDER OF EVIDENCE

1. Claimant’s evidence in-chief

2. Claimant’s evidence in cross-examination

3. Respondent’s evidence in-chief

4. Respondent’s evidence in cross-examination

5. Claimant’s reply, if any

ATTACHMENT 4

OLT File No.: OLT-24-000939

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:

DOCTOR AZIM PAREKH DENTISTRY PROFESSIONAL CORPORATION

o/a SHEPPARD VILLAGE DENTAL

Claimant

• and -

METROLINX

Respondent

TIMETABLE

Task

Deliverable By

Notice of Arbitration and Statement of Claim

September 16, 2024

Reply

October 7, 2024

Exchange Affidavits of Documents

May 29, 2026

Examinations for Discovery

July 17, 2026

Undertakings to be Answered

August 26, 2026

Any motions, in writing, arising from examinations or undertakings to be brought

September 23, 2026

Any further undertakings to be answered following Tribunal’s decision on discovery motion

Within thirty (30) days of the Tribunal’s decision

Exchange of Without Prejudice Preliminary Witness List

Thirty (30) days prior to the scheduled mediation

Exchange of Without Prejudice Preliminary Witness Statements and/or Expert Reports

Fourteen (14) days prior to the scheduled mediation

Written Motion to Limit or Exclude Written or Oral Evidence

February 1, 2027

Mediation

on or before December 18, 2026

Exchange of Witness List

October 9, 2026

Exchange of Witness Statements or Expert Reports

November 6, 2026

Exchange of Expert Reply Witness Statements / Reply Reports

December 4, 2027

Meeting(s) of Like Experts

on or before February 5, 2027

Agreed Statement of Facts

February 19, 2027

Request to Admit

In accordance with the Rules of Civil Procedure

Confirm whether all hearing dates still required

Thirty (30) days prior to the start of the hearing

Preliminary Hearing Plan

Fifteen (15) days prior to the start of the hearing

Joint Document Book and Joint Compendium of Witness Statements / Reports

Fourteen (14) days prior to the start of the hearing

Visual Evidence

Seven (7) days prior to the start of the hearing

Documents to be used in cross-examination

to be provided on or before the first day of the hearing or in advance of the start of cross-examination

Hearing

May 31, 2027