1264564 Ontario Limited v. York (Region), 2026 CanLII 58375

Ontario Land Tribunal

Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: June 8, 2026

CASE NO.: OLT-22-004568

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

Claimants: 1264564 Ontario limited, Kleinberg Inn Ltd and Dino Giuliani

Respondent: Regional Municipality of York

Subject: Determination of compensation

Property Address/Description: 9770 Highway 27/Widening and re-routing of Major Mackenzie Drive

Municipality: Vaughan

OLT Case No.: OLT-22-004568

OLT Case Name: 1264564 Ontario Limited v. York (Region)

BEFORE:

"William R. Middleton" VICE-CHAIR Monday, the 8th day of June, 2026

THE TRIBUNAL having issued the Procedural Order on March 4, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on November 3, 2025;

AND THE TRIBUNAL having issued the Amending Procedural Order on August 11, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on April 8, 2026;

AND THE TRIBUNAL having issued a further Amending Procedural Order on December 15, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on November 2, 2026;

AND THE TRIBUNAL having received a request, on consent of the Parties, to revise the procedural timelines contained in the Amending Procedural Order to facilitate a mediation now scheduled to take place on July 7, 2026;

THE TRIBUNAL ORDERS THAT:

(a) The Procedural Order attached as Schedule A shall now govern the conduct of this proceeding and shall supersede all previous Procedural Orders made in this case;

(b) This Vice Chair shall remain seized of this matter for the purpose of ongoing case management, including all motion practice, but shall not be seized in respect of any mediation that may be convened or for the final hearing.

"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

ISSUE DATE: June 8, 2026 CASE NO.: OLT-22-004568

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

Claimants: 1264564 Ontario limited, Kleinberg Inn Ltd and Dino Giuliani

Respondent: Regional Municipality of York

Subject: Determination of compensation

Property Address/Description: 9770 Highway 27/Widening and re-routing of Major Mackenzie Drive

Municipality: Vaughan

OLT Case No.: OLT-22-004568

OLT Case Name: 1264564 Ontario Limited v. York (Region)

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 November 2, 2026 at 10:00AM as directed by the Tribunal.

GoTo Link: https://global.gotomeeting.com/join/909787981

Access Code: 909-787-981

Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389 Audio-only access code: 909-787-981

The parties' initial estimation for the length of the hearing is 7 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.

3. The Parties and Counsel are set out in Attachment 1 to this Order,

4. The Procedural Timetable of pre-hearing steps is set out in Attachment 2 to this Order.

5. The issues are set out in the Issues List attached as Attachment 3 to this Order. 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 will be as set out in Attachment 4 to this Order.

7. The Hearing Plan/Supplementary Order of Evidence shall be provided on or before 7 days before the hearing and shall provide for opening statements and closing argument, if applicable, with time estimates for each, and shall name each witness to be called, the area of expertise for each witness, if applicable, and the estimated duration for each direct, cross and re-direct examination. 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.

8. Parties, counsel, and witnesses are expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Pleadings

9. The Claimant, 1264564 Ontario Limited, Kleinberg Inn Ltd & Dino Giuliani, served and filed a Notice of Arbitration and Statement of Claim on October 11, 2022

10. The Respondent, Regional Municipality of York, served and filed its Reply on December 14, 2022.

Discovery

11. Affidavits of Documents (together with production briefs of the documents) have been exchanged.

12. Initial Examinations for Discoveries of the representative of each party have been completed.

13. Any motion(s) arising out of the Examinations for Discovery shall be filed in writing only. The Rules apply in relation to any Motion(s) arising out of the discovery process. Should the parties agree that a motion day is not required, the parties agree to advise the Tribunal as soon as possible.

Further Discovery

14. Pursuant to the Order issued by the Tribunal on November 5, 2025 (the "Order"), the Claimants' shall respond to questions taken under advisement, follow up questions, and produce relevant documentation by January 12, 2026. The Claimants complied with the Order.

15. Further Examination for Discovery of the Claimants' representative shall be completed by no later than February 16, 2026. The Further Examination for Discovery of the Claimants' representative took place on February 13, 2026.

16. All undertakings provided at the Further Examination for Discovery of the Claimants shall be answered by March 27, 2026. If answers to undertakings and/or questions taken under advisement at the Further Examination for Discovery of the Claimants remain outstanding, the Claimants shall provide their position by March 27, 2026, failing which it shall be deemed a refusal. If answers to questions refused at the Further Examination for Discovery are not answered by March 27, 2026, it shall be deemed that the refusal is being maintained.

17. The Claimants provided answers to undertakings, questions taken under advisement and refusals on March 27, 2026.

18. The Respondent replied to certain responses provided by the Claimants in their answers to undertakings, questions taken under advisement and refusals on April 13, 2026.

19. The Claimants provided supplementary answers to undertakings, questions taken under advisement, and refusals on May 7, 2026.

20. Any motion arising out of the Further Examination for Discovery of the Claimants shall be held in abeyance pending the outcome of the mediation scheduled by the parties for July 7, 2026 and, if required, filed in writing with the Tribunal by July 17, 2026. The Rules apply in relation to any Motion(s) arising out of the discovery process.

Mediation

21. The parties were directed pursuant to Rule 26.6 to confer to discuss participating in a mediation for the purpose of resolving all or part of the claim and the parties shall comply with the provisions of Rule 26.7.

22. The parties have agreed to a mediation that has been scheduled for July 7, 2026. The parties and their experts will attend at this mediation.

Evidence

23. 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 by no later than July 24, 2026.

24. Expert witnesses in the same field shall have a meeting on or before 60 days prior to the commencement of the Hearing 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 coordinator on or before October 2, 2026.

25. 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. The 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 and a signed Acknowledgement of Expert's Duty.

26. 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.

27. On or before June 12, 2026, the parties shall provide copies of their respective expert witness reports and non-expert/lay witness statements to the other parties and to the OLT case coordinator.

28. Parties may provide to all other parties and the OLT case coordinator a written response or reply to any written evidence, including reply expert reports, on or before July 31, 2026.

29. Parties may by written motion delivered on or before August 31, 2026 request the leave of the Tribunal to provide written sur-reply to any written evidence, response or reply.

Requirements Prior to the Hearing

30. On or before 60 days prior to the start of the hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

31. On or before 10 days prior to the start of the hearing, the parties shall provide copies of their visual evidence to the other party. If a model will be used, parties must have a reasonable opportunity to view it before the hearing.

32. The parties shall cooperate to prepare a joint document book, a joint book of witness statements and books of visual evidence, in PDF format, fully bookmarked containing hyperlinks to all items contained in any table of contents which shall be delivered with the OLT case coordinator on or before 7 days prior to the start of the Hearing.

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. 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 Tribunal Rules 1.4 and 26.3 shall serve such request on the party opposite at least 30 days before the hearing date. If either party seeks to exclude or limit the written or oral evidence of any witness, it shall bring a written motion as soon as practicable and in any event by no later than October 1, 2026.

35. The parties shall prepare and file a hearing plan with the Tribunal on or before 7 days prior to the start of the hearing containing a proposed schedule for the hearing that identifies, as a minimum, 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.

36. 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.

Adjournments

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

This Vice Chair is seized with respect to all matters set out in this Procedural Order save and except for the hearing of this proceeding.

TRIBUNAL REGISTRAR

Attachment 1 – Identification of Parties and Counsel

Party: 1264564 Ontario Limited, Kleinberg Inn Ltd & Dino Giuliani Party Status: Claimants Counsel / Representative: Bisceglia & Associates P.C. 9100 Jane Street Building "A", Suite 200 Concord, Ontario L4K 0A4 Emilio Bisceglia (LSO #34568Q) Email: ebisceglia@lawtoronto.com Tel: (905) 695-3100 Hana Tariq (LSO# 56961R) Email: htariq@lawtoronto.com Tel: (905) 695-1801 Fax: (905) 695-5201

Party: Regional Municipality of York Party Status: Respondent Counsel / Representative: Scargall Owen-King Lavictoire LLP 17 Leader Lane Toronto, Ontario M5E 1L8 Paula Trattner (LSO #42153V) Email: paula.trattner@sokllp.com Tel: (437) 253-9093 Serena Feeney (LSO #9071R) Email: serena.feeney@sokllp.com Tel: (416) 869-3532 Fax: (416) 869-2201

Attachment 2 – Timetable

Exchange Affidavit of Documents: May 30, 2024

Examinations for Discovery: June 30, 2024

Appraisal Reports to be exchanged subject to direction of the Tribunal:

Undertakings to be Answered: June 30, 2025

Claimants' Answers Ordered by the Tribunal on November 5, 2025: January 12, 2026

Any motions arising from Examinations or Undertakings to be requested /scheduled: By written motion as directed by the Tribunal

Any further undertakings to be answered following the motion: 30 days from the date of the discovery motion, if any

Further Examination for Discovery of the Claimants: On or prior to February 16, 2026

Undertakings to be Answered: March 27, 2026

Any motions arising from Examinations or Undertakings to be requested /scheduled: May 8, 2026

Exchange of Expert Witness Statements / Reports / Lay Witness Statements: May 8, 2026

Exchange of Expert Reply Witness Statements / Reply Reports: June 12, 2026

Exchange of Witness Lists: July 24, 2026

Meeting(s) of Like Experts: On or prior to September 4, 2026

Agreed Statement of Facts, Written Motion to exclude or limit any written or oral evidence: October 1, 2026

Mediation: October 2, 2026 or as scheduled by the OLT Mediation Group

Request to Admit: October 2, 2026

Confirm whether all hearing dates still required: September 24, 2026

Arrange for Court Reporter: October 26, 2026

Joint Document Book and Joint Compendium of Witness Statements: October 26, 2026

Visual Evidence: October 23, 2026

Preparation of Hearing Plan: October 26, 2026

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: November 2, 2026

Attachment 3 – Issues List

The issues are as set out in the pleadings delivered by the parties.

Attachment 4 – Order of Evidence

The order of presentation of evidence shall be:

1. Case for the Claimants;
2. Case for the Respondent; and
3. Reply by the Claimants.