Robert G. Ackerman

The Regional Municipality of York brought a motion to dismiss an appeal regarding development charges, arguing the appellants failed to file their complaint within the 90-day statutory period.

The appellants had delivered their complaint and payment under protest to the Town of Georgina, which collected the charges on behalf of the Region.

The Tribunal found that the Town acted as the Region's agent, making the delivery valid and timely.

The Tribunal also rejected the Region's argument that the appeal improperly attacked the development charge by-law, finding that the appellants raised valid issues regarding the assessment of interest on frozen charges.

The motion to dismiss was dismissed.

The Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of the claimant's property.

The parties agreed to an eight-day hearing on the merits.

The Tribunal issued a Procedural Order setting the hearing dates and establishing the pre-hearing timeline for discoveries, expert reports, and mediation.

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.

The claimant and respondent attended a third Case Management Conference regarding a claim for compensation under the Expropriations Act.

The parties advised the Tribunal that they were close to a settlement and agreed to consider mediation.

The Tribunal adjourned the Case Management Conference to allow the parties to file a Request to Mediate, directing that if no request is filed, the parties must be prepared to schedule a hearing date and establish a Procedural Order at the next attendance.

The claimants sought compensation from the respondent municipality for the expropriation of their land for a road widening project.

At a status hearing, the parties advised the tribunal that settlement discussions were ongoing and requested an adjournment.

The tribunal directed the parties to return for a Case Management Conference on October 27, 2023, and to submit a draft procedural order if the matter was not settled.

The applicant appealed the City's calculation of park levies for a residential development under the Planning Act.

At the first Case Management Conference, the parties presented a draft Procedural Order and requested hearing dates.

The Tribunal scheduled a three-day hearing on the merits and issued the Procedural Order to govern the pre-hearing process.

The Ontario Land Tribunal held a case management conference regarding a land compensation claim under the Expropriations Act.

The Tribunal issued a procedural order on consent, setting out the organization of the hearing, requirements before the hearing, and the order of evidence for the upcoming arbitration.

At a second Case Management Conference regarding an expropriation compensation claim, the parties advised the Tribunal that settlement negotiations were ongoing and a settlement offer was under consideration by the respondent's Municipal Council.

Both counsel expressed optimism about the prospects for settlement and requested an adjournment.

The Tribunal adjourned the Case Management Conference to allow the parties additional time to complete negotiations.

The Claimant brought an arbitration under the Expropriations Act for determination of compensation.

At the first Case Management Conference, the parties advised that settlement discussions were underway and an offer was pending consideration by the municipal council.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a draft Procedural Order if the matter does not settle.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation arising from the expropriation of a commercial property for the Eglinton Crosstown LRT project.

The Tribunal issued a Procedural Order, set a 14-day hearing on the merits for November 2024, and established pre-hearing timelines for discovery, expert reports, and witness statements.

The City of Windsor expropriated a 3.04-acre property from the claimants.

At the compensation hearing, the claimants' counsel sought a last-minute adjournment and later moved to be removed from the record due to a breakdown in the solicitor-client relationship; both motions were denied to prevent prejudice.

On the merits, the Tribunal rejected the claimants' appraiser's highest and best use analysis, finding it failed to consider physical and financial feasibility.

The Tribunal preferred the respondent's appraiser's conclusion that the highest and best use was continued residential use, but adjusted the valuation by excluding a comparable sale made under power of sale.

The Tribunal awarded $394,272 in compensation for the market value of the expropriated property.

The Ontario Land Tribunal held a Case Management Conference in an arbitration to determine compensation under the Expropriations Act for the expropriation of fee simple interests and a temporary easement by Metrolinx.

The Tribunal established a Procedural Order and timeline, including scheduling a pre-discovery motion requested by the claimant and setting dates for documentary discovery, expert reports, and an eight-day hearing on the merits.

At a second Case Management Conference regarding an expropriation compensation claim, the parties advised the Tribunal that the Regional Council had approved a settlement.

The settlement included the payment of the claimant's costs, but the quantum of costs remained outstanding.

The Tribunal adjourned the CMC and directed the parties to provide an update on the status of the settlement by September 15, 2023.

A case management conference was held to address procedural matters and set a hearing date for an arbitration under the Expropriations Act.

The Tribunal reviewed and approved a draft Procedural Order and Issues List submitted by the parties.

A five-day video hearing was scheduled for June 2024, and the Procedural Order was appended to govern all further pre-hearing requirements.

The Ontario Land Tribunal held a Case Management Conference regarding claims for compensation arising from expropriations at Union Station by Metrolinx.

The claimants, Osmington (Union Station) Inc. and the City of Toronto, and the respondent, Metrolinx, provided updates on pleadings and mediation efforts.

The Tribunal scheduled a second Case Management Conference, directed the parties to prepare a draft Procedural Order, and suggested the creation of a common visual evidence book to assist in mediation or a hearing on the merits.

The Regional Municipality of York commenced an arbitration against Calgas Investments Limited to determine compensation for expropriated property interests.

At the first Case Management Conference, the Ontario Land Tribunal approved the parties' draft Procedural Order and scheduled a five-day hearing on the merits for March 2024.

The Tribunal also directed the parties to arrange a mediation assessment and pre-hearing conference.

The claimants sought compensation for a historic de facto expropriation that occurred when the respondent municipality mistakenly constructed a road extension over their property.

At a case management conference, the tribunal was advised that the municipality was finalizing the formal expropriation and that the parties were engaged in mediation.

The tribunal directed the parties to attend a further status hearing and to prepare a draft procedural order if the matter did not settle.

The parties attended a Case Management Conference to schedule a hearing to determine the adjustment of the claimants' disturbance damages and the quantum of costs payable by the respondent under the Expropriations Act.

The Tribunal scheduled a five-day video hearing for April 2024 and a second Case Management Conference for October 2023 to establish a timetable for the delivery of costs briefs and expert reports.

The appellant appealed the passage of a municipal development charges by-law, alleging deficiencies in the background study and a conflict of interest by a voting council member.

The Ontario Land Tribunal dismissed the appeal, finding that the appellant failed to provide the necessary expert evidence to challenge the background study and that the Tribunal lacked jurisdiction to adjudicate municipal conflict of interest allegations.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation arising from Metrolinx's expropriation of a temporary easement over the claimants' property for the GO Expansion Project.

The Tribunal issued a Procedural Order on consent, setting out the issues list, order of evidence, and scheduling a three-day video hearing on the merits for June 2024.