Robert G. Ackerman

The claimants sought compensation under s. 26(1) of the Expropriations Act for the expropriation of their property by the respondent municipality for a contaminant attenuation zone.

At the first Case Management Conference, the parties agreed that the property may be environmentally contaminated and requested an adjournment to determine its environmental status and prepare appraisals.

The Tribunal ordered the parties to exchange appraisal reports by May 15, 2025, and adjourned the CMC.

The Ontario Land Tribunal held a first Case Management Conference regarding an application for compensation under the Expropriations Act.

The claim arose from the expropriation of fee simple and temporary limited interest in the claimant's property by the respondent municipality for a road project.

The Tribunal scheduled a 10-day merit hearing for February 2026 and directed the parties to submit a draft procedural order by April 30, 2025.

The claimants brought a motion seeking post-judgment interest on their settled costs and an order that the respondent was not entitled to set off costs awarded to it by the Court of Appeal and Supreme Court of Canada.

The Tribunal found that because the parties had settled the costs without a Tribunal order, post-judgment interest under section 129 of the Courts of Justice Act did not accrue.

Furthermore, the Tribunal held that it lacked jurisdiction to vary or relieve the claimants from costs orders made by appellate courts.

The motion was dismissed.

The Ontario Land Tribunal held a case management conference regarding three applications for compensation under the Expropriations Act arising from the Scarborough Subway Extension Project.

On consent of the parties, the Tribunal ordered that the applications brought by the fee simple owners and a former tenant be consolidated and heard together.

A four-week hearing on the merits was scheduled for May and June 2026.

The Respondent, Metrolinx, brought a motion to compel the Claimants to answer undertakings and questions refused during an examination for discovery in an expropriation compensation proceeding.

The Claimants sought over $59 million in compensation but failed to provide particulars for their business loss and disturbance damage claims.

The Tribunal found the Claimants' refusals to answer questions regarding the highest and best use of the property and their allegations of bad faith to be unreasonable.

The motion was granted, and the Claimants were ordered to provide fulsome answers and pay $7,500 in costs to the Respondent.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the pre-hearing steps and hearing timetable for a claim for compensation under the Expropriations Act.

A five-day video hearing was scheduled to commence on December 8, 2025.

The appellant appealed the Town of East Gwillimbury's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit the development of 88 stacked townhouses and a 15-unit apartment building.

Following a settlement hearing, the Ontario Land Tribunal allowed the appeals and approved the planning instruments, finding them appropriate for the proposed development.

The claimant in an expropriation compensation proceeding brought an unopposed motion for a confidentiality order under Rule 22.2 of the Ontario Land Tribunal Rules.

The claimant sought to protect its own sensitive financial and business information, as well as proprietary market data obtained from a non-party data provider, Kalibrate Canada Inc. The Tribunal found that the information involved intimate financial matters whose protection outweighed the public interest in open proceedings.

The motion was granted and the confidentiality order issued.

The City of Barrie sought to expropriate a 105-acre property for municipal purposes, including a community centre, library, and parkland.

The owners requested a Hearing of Necessity, arguing the City lacked a specific, defined plan for the property.

The Tribunal found that the City was not required to have a specific defined plan, but only a clear objective or purpose, which it had established.

The Tribunal concluded the proposed expropriation was fair, sound, and reasonably necessary.

However, due to the City's initial failure to provide sufficient particulars in its Notice of Application, the Tribunal recommended the City pay the owners' costs on a substantial indemnity basis.

The claimant brought a claim for determination of compensation under section 26(1) of the Expropriations Act.

The parties consented to an order dismissing the claim without costs.

The Ontario Land Tribunal ordered the claim dismissed without costs.

The Ontario Land Tribunal held a case management conference regarding four applications for compensation under the Expropriations Act arising from the expropriation of a multi-unit property for the Ontario Line Subway Project.

The Tribunal ordered that the applications be heard together and issued a procedural order scheduling a 15-day video hearing on the merits for September 2025.

The claimants sought compensation under the Expropriations Act for the expropriation of their properties by Metrolinx for the Scarborough Subway Extension Project.

At the first Case Management Conference, new counsel for the claimants requested an adjournment to familiarize themselves with the proceedings after previous counsel withdrew due to a conflict of interest.

The respondent consented to the adjournment, noting that a third related application was expected to be filed and should be heard together.

The Tribunal granted the adjournment and scheduled the continuation of the Case Management Conference for January 22, 2025.

A pre-hearing conference was held regarding an application for compensation under the Expropriations Act.

The claimant's counsel was initially absent but later appeared.

The Tribunal reviewed the status of the proceedings, including witness lists and the potential for Formal Mediation.

The parties subsequently informed the Tribunal that a settlement had been reached and requested that the scheduled hearing dates be vacated.

The Tribunal ordered the parties to report on the completion of their settlement by December 12, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding three claims for compensation under the Expropriations Act arising from the expropriation of a property for the Ontario Line Subway project.

The claimants requested that a fourth related claim be heard together with these three.

The Tribunal scheduled a 15-day joint hearing for September 2025 and adjourned the CMC to allow the fourth claimant to file their Notice of Arbitration and Statement of Claim.

The claimant's property was expropriated by Metrolinx for the construction of a subway station.

Following the claimant's death, a case management conference was adjourned multiple times to allow for the appointment of an estate trustee due to a dispute over the property's ownership.

After an estate trustee was appointed, the claimant requested a hearing date.

The Tribunal declined to schedule a hearing date over the respondent's objection that pleadings had not yet been exchanged.

The Tribunal ordered the claimant to deliver a Statement of Claim and the respondent to deliver a Reply, and adjourned the case management conference.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a commercial property.

The parties agreed to a three-day hearing on the merits to be held in June 2025 and submitted a draft Procedural Order.

The Tribunal issued the Procedural Order to govern the pre-hearing steps and the hearing itself.

The claimants brought a claim for compensation under the Expropriations Act arising from the expropriation of a permanent sub-surface easement beneath their residential property for a storm trunk sewer system.

At the case management conference, the parties agreed on a procedural order, issues list, and order of evidence.

The Tribunal issued the procedural order and scheduled a seven-day hearing on the merits.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a commercial property.

Counsel for the claimant failed to attend the initial CMC, leading to an adjournment.

Following subsequent communications and agreement on hearing dates, the Tribunal issued a Procedural Order scheduling a five-day hearing on the merits and setting out the pre-hearing timetable.

The claimants commenced a proceeding under section 26(1) of the Expropriations Act against the respondent school board regarding a property expropriation.

Upon reading the consent of the parties, the Ontario Land Tribunal ordered that the claim be dismissed without costs.

The claimants brought a claim against the Toronto Catholic District School Board under section 26(1) of the Expropriations Act regarding the property at 3338B Bayview Avenue in Toronto.

The parties consented to the dismissal of the claim without costs.

The Ontario Land Tribunal ordered the claim dismissed without costs.