# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** February 2, 2026
**CASE NO.:** OLT-25-000529
**PROCEEDING COMMENCED UNDER** subsection 26(1) of the [Expropriations Act, R.S.O. 1990, c. E.26](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html).
**Claimant:** 2595169 Ontario Ltd. and New-Way Trucking Ltd.
**Respondent:** Ministry of Transportation
**Subject:** Determination of compensation
**Description:** To permit the reconstruction of the Highway 5 and Highway 6 and associated works municipal roads
**Property Address:** 16 Highway 5 W
**Municipality/UT:** Hamilton/Hamilton
**OLT Case No:** OLT-25-000529
**OLT Lead Case No:** OLT-25-000529
**OLT Case Name:** 2595169 Ontario Ltd. and New-Way Trucking Ltd. v. Ontario (Ministry of Transportation)
**BEFORE:**
"William R. Middleton"
VICE-CHAIR
Monday, the 2nd day of February, 2026
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THE TRIBUNAL having reviewed this proceeding involving a claim by 2595169 Ontario Ltd. and New-Way Trucking Ltd. as against the Ontario Ministry of Transportation (collectively, "Parties") made pursuant to [subsection 26(1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html#sec26subsec1_smooth) of the [Expropriations Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html), R.S.O. 1990, c. E.26;
AND THE TRIBUNAL having considered a draft Procedural Order submitted by the Parties;
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THE TRIBUNAL ORDERS THAT:
1. The 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 June 17, 2027 for a period of 10 days; and
2. This Vice Chair shall be seized in respect of the ongoing case management of this matter, including all motion practice, but shall not be seized in respect of the final hearing or of any mediation that may be convened.
"Matthew D.J. Bryan"
MATTHEW D.J. BRYAN
REGISTRAR
Ontario Land Tribunal
Website: [olt.gov.on.ca](http://www.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.
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## Schedule A
**ISSUE DATE:**
**CASE NO(S).:** OLT-25-000529
**PROCEEDING COMMENCED UNDER** subsections 13 and 26 of the [Expropriations Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e26/latest/rso-1990-c-e26.html), R.S.O. 1990, c. E.26, as amended
**Claimant(s):** 2595169 Ontario Ltd. and New-Way Trucking Ltd.
**Respondent:** Ministry of Transportation of Ontario
**Subject:** Land Compensation
**Property Address:** 16 Highway 5 W, Hamilton, Ontario
**Municipality:** City of Hamilton
**OLT Lead Case No.:** OLT-25-000529
**OLT Case No.:** OLT-25-000529
**OLT Case Name:** 2595169 Ontario Ltd. and New-Way Trucking Ltd. v. Ministry of Transportation of Ontario
### 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 June 17, 2027 at 10:00 a.m. at
GoTo Meetings: [https://global.gotomeeting.com/join/660145013](https://global.gotomeeting.com/join/660145013)
Access Code: 660-145-013
3. The parties' initial estimation for the length of the hearing is 10 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. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's [Video Hearing Guide](https://olt.gov.on.ca/appeals-process/video-hearing/), available on the Tribunal's website.
**Requirements Before the Hearing**
8. All parties shall exchange their sworn Affidavit of Documents on or before June 8, 2026.
9. All parties shall complete Examinations for Discovery on or before August 24, 2026.
10. All parties shall provide Answers to Undertakings given at Examinations for Discovery on or before October 26, 2026.
11. Discovery motions, if any, shall be served and filed in writing only on or before November 21, 2026.
12. If any party wishes to conduct an OLT-lead mediation, such Mediation Assessment Request shall be made on or before January 12, 2027. If requested and approved by the OLT, the mediation shall be held on April 16, 2027.
13. 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 January 19, 2027. 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.
14. The parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before May 25, 2027.
15. 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.
16. 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.
17. On or before March 5, 2027 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator.
18. On or before May 4, 2027: (a) the parties shall confirm with the Tribunal if all the reserved hearing dates are required and shall make arrangements for a verbatim reporter in accordance with Rule 26.34; and (b) a party seeking to limit or exclude any written or oral evidence must file a written motion for that relief.
19. On or before April 29, 2027, 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.
20. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence, including reply expert reports, on or before April 14, 2027, and in accordance with paragraph 29 below.
21. The parties shall cooperate to prepare a joint document book and a joint compendium of witness statements which shall be bookmarked with hyperlinks to all items listed in any table of contents and filed with the OLT case co-ordinator on or before June 3, 2027.
22. A request to admit facts must be made on or before May 6, 2027.
23. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal at least 14 days prior to the hearing.
24. 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 seven (7) days before the hearing that the written evidence is not part of their record.
25. The parties shall prepare and file a preliminary [hearing plan](https://olt.gov.on.ca/tribunals/lpat/lpat-process/hearing-plans/) with the Tribunal on or before June 10, 2027 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.
26. 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.
27. No adjournments or delays will be granted before or during the hearing except pursuant to a motion brought under the Tribunal's Rule 17.
Date:
____________________________
TRIBUNAL REGISTRAR
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### ATTACHMENT 1
**LIST OF PARTIES/PARTICIPANTS**
**PARTIES**
1. 2595169 Ontario Ltd. and New-Way Trucking Ltd.
Michael Paiva, Unified LLP
[michael@unifiedLLP.com](mailto:michael@unifiedLLP.com)
416-800-1733
Spencer Roberts, Unified LLP
[spencer@unifiedLLP.com](mailto:spencer@unifiedLLP.com)
416-800-1733
2. Ministry of Transportation of Ontario
Antonin Pribetic, Crown Law Office – Civil
[Antonin.pribetic@ontario.ca](mailto:Antonin.pribetic@ontario.ca)
437-488-5183
Jack Douketis, Crown Law Office – Civil
[Jack.Douketis@ontario.ca](mailto:Jack.Douketis@ontario.ca)
647-401-1154
---
### ATTACHMENT 2
**ISSUES LIST**
The issues are as set out in the Pleadings filed with the Tribunal.
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### ATTACHMENT 3
**ORDER OF EVIDENCE**
1. 2595169 Ontario Ltd. and New-Way Trucking Ltd.
2. Ministry of Transportation of Ontario
3. 2595169 Ontario Ltd. and New-Way Trucking Ltd. (in reply, if any)
minicounsel