Following a decision ordering a rehearing on compensation for an expropriated property, the Tribunal held a case management conference to determine the scope of the rehearing.
The claimants argued that the rehearing should include the issue of highest and best use, while the respondent city argued the Tribunal was functus officio on that issue.
The Tribunal rejected the city's argument, finding that it retained broad discretionary authority under the Ontario Land Tribunal Act and its Rules to conduct a full or partial rehearing.
The Tribunal ordered that the rehearing include written and oral evidence concerning the highest and best use of the subject property to ensure a fair, just, and expeditious resolution.