Robert G. Ackerman

The claimant sought compensation under the Expropriations Act for the expropriation of a portion of her property by the Regional Municipality of Peel.

At the first Case Management Conference, the parties advised the Tribunal that a settlement had been reached, contingent upon the approval of the Region's Council.

The Tribunal scheduled a second Case Management Conference to confirm the settlement's approval.

The claimants sought compensation for an historic expropriation that occurred when the Township of Tay mistakenly constructed a road extension over their property.

The matter was scheduled for a three-day hearing on the merits.

However, due to the absence of a hearing plan, agreed statement of facts, and procedural order, the Tribunal determined the matter was not ready for a hearing.

With the consent of the parties, the hearing was converted to a Case Management Conference.

The parties agreed to attend a Tribunal-led mediation assessment and a subsequent status hearing.

The claimant, a commercial tenant, sought business and disturbance damages following the expropriation of its leased premises by the City of Toronto for subway station improvements.

On the eve of the scheduled nine-day arbitration hearing, the parties reached a settlement in principle.

The Ontario Land Tribunal adjourned the hearing and scheduled a case management conference to ensure the completion of the settlement.

The appellant appealed the Ministry of Municipal Affairs and Housing's refusal to grant provisional consent to sever a property on Two Island Lake to create a new lot for a recreational dwelling.

The Ministry refused the application because the lake was nearing or at capacity for phosphorus loading, and the appellant had not provided a required Lakeshore Capacity Assessment.

The Tribunal dismissed the appeal, finding that the appellant's hydrogeological and lake capacity evidence was critically flawed.

The Tribunal preferred the Ministry's evidence that the lake has no remaining development capacity and that the proposed severance would not be consistent with the Provincial Policy Statement regarding the protection of vulnerable surface water and the avoidance of negative impacts from on-site sewage systems.

The applicants appealed the Town of Oakville Committee of Adjustment's denial of minor variances required to construct a garage addition, a side and rear yard addition, and a new accessory pool house on a property containing a designated heritage dwelling.

Prior to the hearing, the parties reached a settlement on an amended application with slightly reduced variances for lot coverage and accessory building height.

The Tribunal accepted uncontested expert planning evidence that the amended proposal respects the heritage resource, is compatible with the neighbourhood, and meets the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the amended variances were approved subject to conditions.

The Regional Municipality of York brought a motion to link two expropriation arbitrations and have them heard together.

The first arbitration involved the property owner's claim for market value and disturbance damages due to development delay.

The second arbitration involved a commercial parking lot tenant's claim for business losses resulting from a temporary easement.

The Ontario Land Tribunal dismissed the motion, finding that the claims involved different damages, different expert evidence, and no common issues of fact or law other than arising from the same expropriation.

The Tribunal concluded that linking the proceedings would cause prejudice, delay, and increased costs for the tenant.

The claimants were owners of 17 residential townhouses expropriated by the Toronto Catholic District School Board for the relocation of a secondary school.

The 15 arbitrations were scheduled to be heard together over 30 days.

Prior to the commencement of the hearing, the parties reached resolutions for all 15 claims.

The parties requested that the arbitrations be adjourned sine die to allow time to complete the settlements.

Two pending motions, one to strike a reply report and another for a site visit, were withdrawn on consent.

The Tribunal granted the adjournment and directed the parties to report on the completion of the settlements by June 30, 2023.

The parties reached resolutions in 15 arbitrations concerning the expropriation of 17 residential townhouses by the Toronto Catholic District School Board.

At the commencement of the scheduled hearing, the parties requested an adjournment sine die to complete the settlements.

The Tribunal granted the adjournment and marked the parties' respective motions as withdrawn on consent, directing the parties to report on the completion of the settlements by June 30, 2023.

The applicant appealed the Committee of Adjustment's refusal of a minor variance application to permit the reconstruction and expansion of an existing boathouse.

The parties reached a settlement reducing the proposed height of the boathouse.

The Tribunal allowed the appeal and authorized the variance subject to conditions, finding that the proposal was consistent with the Provincial Policy Statement, maintained the general intent of the official plan and zoning by-law, was desirable, and was minor in nature.

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

The Tribunal issued a Procedural Order setting dates for a five-day hearing on the merits, a pre-hearing conference and mediation assessment, and a motion for discovery issues.

The Claimant brought a claim for compensation under the Expropriations Act arising from the closure of an access point during highway construction.

Following an urgent adjournment requested by the Respondent due to a witness's hospitalization, the Tribunal held a case management conference to schedule new dates.

The Tribunal scheduled a motion date to hear the Claimant's motion to strike, the Claimant's motion for costs thrown away, and the Respondent's motion to withdraw deemed admissions.

A new five-day hearing on the merits was also scheduled.

A second Case Management Conference was held regarding a claim for compensation arising from the expropriation of a portion of the claimants' lands by the City of Windsor.

The parties submitted a draft hearing plan prior to the status hearing and confirmed they were content with it.

The Tribunal approved the hearing plan and confirmed the parties' readiness to proceed with the scheduled three-day video hearing.