Robert G. Ackerman

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from a partial expropriation for highway improvements.

The Tribunal reviewed and approved a draft Procedural Order, setting an eight-day video hearing on the merits for October 2024 and establishing the pre-hearing timetable.

This was a status hearing before the Ontario Land Tribunal regarding two claims for land compensation under the Expropriations Act.

The Tribunal confirmed a 15-day hearing on the merits and ordered the claims to be heard together.

On consent, the claimant was granted leave to deliver an additional expert report regarding environmental status, and the respondent was granted leave to amend its replies.

A detailed hearing plan was appended to the order.

The Claimant, a commercial tenant operating a restaurant, brought a claim for compensation under the Expropriations Act following the expropriation of the property by the City of Toronto for subway improvements.

The Tribunal held a Case Management Conference to establish a Procedural Order and schedule a five-day hearing on the merits.

The Tribunal also directed the parties to discuss participating in mediation.

The respondent delivered a Notice of Arbitration regarding the expropriation of the claimant's property.

At the first Case Management Conference, claimant's counsel advised that the claimant had passed away and requested an extension of time to file a Statement of Claim while a personal representative is appointed.

The parties agreed to participate in Tribunal-led mediation.

The Tribunal granted the extension, directed the parties to file a mediation request, and adjourned the Case Management Conference.

The Respondent municipality expropriated fee simple and temporary limited interests from the Claimant's property in 2015 and 2018.

The Respondent delivered a Notice of Arbitration in June 2023, but the Claimant failed to deliver a Statement of Claim.

At a Case Management Conference, the self-represented Claimant requested an indefinite extension of time to file his claim, citing medical issues from motor vehicle accidents.

The Tribunal reviewed the Claimant's medical documents but found no evidence that he was medically unable to prepare a claim or retain counsel.

The Tribunal denied the indefinite extension but granted an extension to March 1, 2024, for the Claimant to deliver his Statement of Claim.

The Ontario Land Tribunal held a second Case Management Conference and Status Hearing regarding a claim for compensation under the Expropriations Act.

The parties submitted a draft Hearing Plan for a five-day video hearing scheduled for January 2024.

The Tribunal approved the Hearing Plan and directed the parties to proceed in accordance with it, noting an upcoming mediation session.

The Claimant sought compensation for injurious affection under the Expropriations Act after the Ministry of Transportation closed one of two driveway accesses to its mixed-use property during highway improvement works.

The Respondent argued the closed access and the commercial use of the property were illegal, precluding compensation.

The Tribunal found that the access and commercial use were legal, having been implicitly approved and in existence for decades.

Applying the test from Antrim, the Tribunal determined the closure caused a substantial and unreasonable interference with the Claimant's use of the property.

The Tribunal preferred the Claimant's 'Cost to Cure' appraisal approach and awarded $149,160 to construct an internal loop driveway, plus $27,500 for disturbance damages related to the land required for the new driveway.

At a Case Management Conference for an arbitration under the Expropriations Act, the parties advised the Tribunal that they had reached a comprehensive settlement.

The Tribunal ordered the parties to provide a signed Consent to an Order dismissing the arbitration without costs by December 11, 2023.

The Ontario Land Tribunal held a case management conference regarding an appeal by Greycan 12 Properties Inc. and 12501252 Canada Inc. against the Regional Municipality of York concerning a refund of overpaid development charges.

The Tribunal issued a procedural order setting a two-day video hearing for March 2024 and established the issues list and order of evidence.

A subsequent correction notice was issued to fix a typographical error in the teleconference access number.

The Claimant sought compensation for injurious affection after the Ministry of Transportation closed one of two accesses to its mixed-use property during highway improvements.

The Ministry argued the closed access and the commercial use of the property were illegal, precluding compensation.

The Tribunal found that the access and commercial use were legal and grandfathered.

Applying the test for injurious affection where no land is taken, the Tribunal awarded the Claimant $149,160 based on a 'cost to cure' approach to construct an internal loop driveway, plus $27,500 for disturbance damages.

A pre-hearing conference was held regarding four claims for compensation following expropriations by the respondent for a transit project.

Three of the claims were settled, leaving only one claimant's claim in dispute.

On consent of the parties, the Tribunal amended the procedural order to extend the deadline for filing an Agreed Statement of Facts.

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

The claimant, a commercial tenant operating a daycare, sought damages for injurious affection arising from the acquisition of an easement and construction at the High Park Subway Station.

The Tribunal issued a Procedural Order setting a seven-day hearing on the merits and establishing pre-hearing timelines.

The claimant filed a notice of arbitration for the determination of compensation for business losses, disturbance damages, and injurious affection regarding the expropriation of a portion of a property by the respondent.

Upon reading the consent of the parties filed by their solicitors, the Ontario Land Tribunal ordered that the arbitration be dismissed without costs.

The Tribunal held a Case Management Conference to schedule a new hearing date for a claim for compensation under the Expropriations Act, following an adjournment.

The Tribunal scheduled a three-day video hearing for December 13-15, 2023, and issued a Procedural Order to govern the pre-hearing requirements and the conduct of the arbitration.

The appellants appealed the City of Richmond Hill's refusal to approve an Official Plan Amendment and Zoning By-law Amendment to permit a nine-storey, 242-unit retirement residence.

The Tribunal preferred the evidence of the appellants' planner and the original City planning staff report, finding that the proposed height and density increases were appropriate for the site, which is located on an intensification corridor.

The Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The appeal was allowed and the amendments were approved in principle.

The Tribunal held a Status Hearing regarding a claim for compensation under the Expropriations Act arising from the expropriation of a portion of plaza lands for a roundabout.

The Tribunal scheduled a Case Management Conference and a four-day Hearing on the Merits.

The appellant appealed the City of Hamilton's failure to render a decision on a site plan application for a 106-unit townhouse development.

The parties reached a settlement and presented a revised Settlement Plan and Conditions.

Based on uncontested expert planning evidence, the Tribunal found that the settlement conformed to the Mount Hope Secondary Plan, implemented the site-specific zoning provisions, and represented good land use planning.

The appeal was allowed in part to approve the settlement.

The Tribunal held a first Case Management Conference regarding a claim for compensation under the Expropriations Act arising from a permanent easement expropriated by Metrolinx.

The parties agreed to a five-day hearing on the merits and subsequently submitted a consent Procedural Order, Issues List, and Order of Evidence.

The Tribunal scheduled the hearing and issued the Procedural Order to govern the proceeding.

The Ontario Land Tribunal held a second Case Management Conference regarding complex expropriation claims by Osmington (Union Station) Inc. and the City of Toronto against Metrolinx.

The Tribunal declined to set a hearing date, finding it premature as the parties had not yet agreed on the lands expropriated or finalized a Common Visual Evidence Book.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The Tribunal held a second Case Management Conference regarding complex expropriations of lands and air rights at Union Station.

The parties provided updates on Tribunal-led mediation, a draft Procedural Order, and a Common Visual Evidence Book.

Finding that the parties had not yet agreed on the lands expropriated and their areas, the Tribunal concluded it was premature to set a hearing date.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.