Gwen Croser

The claimant sought compensation under the Expropriations Act for the expropriation of a portion of its commercial plaza property by Metrolinx for a grade separation project.

The Tribunal determined that the highest and best use of the property was a standalone mixed-use residential redevelopment, rejecting Metrolinx's argument that an assemblage of adjoining properties was required.

The Tribunal awarded $4,570,000 for the market value of the fee simple taking, declining to apply the 'before and after' valuation method under section 14(3) of the Act.

The Tribunal also awarded $50,000 for a temporary easement and $1,321,061 for injurious affection caused by the grade separation and loss of access.

Interest was awarded at 6% from the date Metrolinx acquired legal possession.

Metrolinx brought a motion to compel the Claimant to fulfill undertakings and answer refusals from an examination for discovery in an expropriation proceeding.

The Tribunal found the undertakings issue moot as they had been satisfied.

Regarding the refusals, the Tribunal ordered the Claimant to produce specific employment contracts, T4s, and invoices related to the expropriation and relocation, finding them relevant to the pleadings.

The remaining refusals were dismissed as irrelevant, and no costs were awarded.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by HL General Partner Inc. against the City of Ottawa concerning development fees levied in connection with a building permit.

The Tribunal scheduled a three-day video hearing and issued a Procedural Order to govern the conduct of the proceeding.