Christel Higgs

The Tribunal held a third Case Management Conference regarding a claim for land compensation arising from the expropriation of parts of a property by Metrolinx for the Eglinton Crosstown LRT.

The parties advised they intended to file further amended pleadings and provided a draft Procedural Order.

The Tribunal approved the Procedural Order and scheduled a five-day video hearing for November 2025.

The claimant sought compensation under the Expropriations Act for the expropriation of a portion of its commercial plaza property by Metrolinx for a grade separation project.

The Tribunal determined that the highest and best use of the property was a standalone mixed-use residential redevelopment, rejecting Metrolinx's argument that an assemblage of adjoining properties was required.

The Tribunal awarded $4,570,000 for the market value of the fee simple taking, declining to apply the 'before and after' valuation method under section 14(3) of the Act.

The Tribunal also awarded $50,000 for a temporary easement and $1,321,061 for injurious affection caused by the grade separation and loss of access.

Interest was awarded at 6% from the date Metrolinx acquired legal possession.

This was the fourth Case Management Conference regarding a Notice of Arbitration filed by the respondent transit authority to determine compensation for the expropriation of the claimant's property.

The claimant had passed away, and an unresolved estate dispute existed regarding ownership of the property.

The claimant's counsel and counsel for the deceased claimant's sister-in-law requested that a hearing be scheduled, but the respondent objected due to the lack of clarity on who was bringing the claim and the absence of a Statement of Claim.

The Tribunal found it premature to set a hearing date and scheduled a fifth Case Management Conference, directing the parties to clarify the estate matter and file a Statement of Claim.

The claimant in an expropriation proceeding brought a motion to admit an updated spreadsheet detailing its relocation expenses, which the Tribunal had previously refused to admit on the first day of the hearing due to late production.

The respondent opposed the motion, arguing it violated the Rules of Civil Procedure, was barred by issue estoppel, and constituted an abuse of process.

The Tribunal granted the motion, finding that the claimant provided a reasonable explanation for the late production, the respondent now had ample time to review the document, and the Tribunal's broad procedural powers allowed it to revisit evidentiary rulings to ensure a fair resolution on the merits.

The Tribunal held a Case Management Conference regarding a land compensation claim under the Expropriations Act.

On consent of the parties, the Tribunal rescinded the previous procedural order and issued an amended procedural order setting out the schedule for discoveries, expert meetings, mediation, and the video hearing.

The claimant requested a Hearing of Necessity regarding the proposed expropriation of their lands by Metrolinx for the Kitchener Corridor Expansion project.

Metrolinx presented unchallenged expert evidence that a grade separation and flyover were necessary for safety and to accommodate increased rail traffic, and that the claimant's lands were the ideal location due to topography.

The Tribunal found that the proposed takings were fair, sound, and reasonably necessary to achieve the expropriating authority's objectives, and reported that the takings were reasonably defensible.

The Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act for the expropriation of lands in Toronto.

The parties agreed on a four-day hearing and submitted a draft Procedural Order and Issues List.

The Tribunal approved the Procedural Order and scheduled the hearing for April 2025.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a commercial property for the construction of the Ontario Line Subway.

The Tribunal reviewed and approved a draft Procedural Order, set a three-day hearing date for March 2025, and established timelines for pre-hearing steps including discovery, mediation, and the exchange of expert reports.

The Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a property used for electronic billboards.

The Tribunal directed the claimant to amend its Statement of Claim to remove a claim for punitive damages, as such damages are not available under the Act and the Tribunal lacks jurisdiction to award them.

The parties agreed to a procedural order and scheduled a five-day hearing on the merits to determine compensation.

The claimant brought a claim for compensation under the Expropriations Act relating to the expropriation of a portion of its lands by Metrolinx.

At the first Case Management Conference, the parties agreed to participate in Tribunal-led mediation and requested hearing dates in 2025 in case mediation is unsuccessful.

The Tribunal scheduled a 10-day video hearing commencing in June 2025 and approved the parties' consent Procedural Order.

The claimant, a restaurant operator, sought compensation for injurious affection and disturbance damages resulting from the expropriation of a portion of its leased plaza's common areas and the subsequent construction of the Eglinton Light Rail Transit project.

The Ontario Land Tribunal found that the claimant was an "owner" under the Expropriations Act due to its interest in the common facilities.

The Tribunal held that the severe traffic disruptions caused by the prolonged construction directly resulted in a significant decline in the restaurant's customer counts and revenues.

The Tribunal awarded $571,891 for business losses incurred between October 2017 and March 2020.

However, the Tribunal dismissed the claim for the loss of the business's overall value, finding that the restaurant's permanent closure was ultimately caused by the COVID-19 pandemic and its pre-existing reliance on the claimant's other shuttered restaurants, rather than the expropriation.

The Ontario Land Tribunal held a first Case Management Conference regarding three related claims for compensation arising from expropriations by the City of Toronto for the Toronto York Spadina Subway Extension.

The Tribunal ordered that the three claims be heard together due to their similar issues.

At the request of the parties, who were engaged in settlement discussions, the Tribunal scheduled a second Case Management Conference and put the procedural order and issues list on hold.

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 Tribunal held a Case Management Conference regarding a claim for land compensation following an expropriation by Metrolinx for the Ontario Line transit project.

The Tribunal scheduled a five-day merit hearing to commence on January 13, 2025, and issued a procedural order governing the conduct of the proceeding.

Metrolinx filed a Notice of Arbitration seeking the Tribunal's determination of compensation owed to the claimant for the expropriation of a property in Toronto.

At the first Case Management Conference, the Tribunal ratified a consent Procedural Order and scheduled a five-day video hearing for December 2024.

The parties also expressed interest in Tribunal-assisted mediation.

The claimants, Oakville Developments (2010) Inc. and Shoppers Realty Inc., sought compensation under the Expropriations Act for the expropriation of their property interests by Metrolinx for a transit project.

Following a status hearing, the Ontario Land Tribunal issued a procedural order on consent to govern the conduct of the upcoming 13-day video hearing.

The hearing was bifurcated, with Phase 1 addressing market value and injurious affection relating to the taking, and Phase 2 addressing disturbance damages and other entitlements.

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 Case Management Conference regarding a claim for compensation arising from the expropriation of property by Metrolinx.

The Tribunal scheduled a 13-day video hearing to commence in October 2024 and issued a Procedural Order to govern the proceeding.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to an expropriation arbitration hearing between Don Valley Auto Centre Ltd. and Metrolinx.

The order sets out the schedule for pleadings, discovery, expert reports, and the hearing dates scheduled for September 2024.

A case management conference was held regarding a claim for disturbance damages arising from the expropriation of a commercial tenancy by Metrolinx.

The Ontario Land Tribunal issued a procedural order on consent, scheduling a three-day video hearing for June 2024 and a further case management conference for January 2024.