Tribunal resolves cross-motions on discovery refusals in expropriation claim, applying relevance and proportionality principles.
The parties brought cross-motions to compel answers to undertakings and questions taken under advisement during examinations for discovery in an expropriation claim.
The claim relates to business losses allegedly caused by the Region's light rail transit project construction.
The Tribunal ordered the Claimant to provide evidence supporting the date of construction completion and the basis for its appraisal value, but found requests for a planner's file premature.
The Tribunal ordered the Region to produce project work schedules and explain the reasoning for a related street widening, but dismissed requests for indemnity claims against the contractor and voluminous project updates on proportionality grounds.
OLTOntario Land TribunalFeb 25, 2022