Dena Givari

The parties submitted a consent request to amend the procedural order governing the arbitration for determination of compensation under the Expropriations Act.

The Ontario Land Tribunal granted the request, rescinded the previous procedural order, and issued an amended procedural order with a revised timetable leading up to a 15-day video hearing scheduled to commence on October 15, 2025.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation following an expropriation by Metrolinx.

The parties agreed to a Procedural Order and requested a 15-day hearing.

The Tribunal scheduled the hearing for October 2025 and issued the Procedural Order to govern the future conduct of the proceeding.

The Town of Whitby sought approval to expropriate the entirety of the owner's property to construct a mid-block arterial roadway.

The owner requested a Hearing of Necessity, arguing that only a portion of the property was required and the remnant lands could be developed as employment lands.

The Tribunal found that while the owner's evidence regarding the potential development of remnant lands was compelling, the expropriation of the entire property was fair, sound, and reasonably necessary.

The full taking was justified because the detailed design and conditions for provincial and federal approvals might require additional lands, and the Town needed ownership to apply for those approvals.

The plaintiff moved for certification of a class action on behalf of debenture holders of Discovery Air Inc., alleging oppression by the defendants in a series of transactions that transferred Discovery's primary asset to Clairvest at a material discount.

Clairvest consented to certification but disputed the common issues and sought discovery directions, while the remaining defendants argued the statement of claim disclosed no cause of action against them.

The court found the pleadings sufficiently detailed to disclose a cause of action against the individual directors and the Top Aces entities.

The court certified the action, adopted a broad definition of the common issues with some additions proposed by Clairvest regarding causation and reasonable expectations, and declined to order non-party production or expanded discovery at this early stage.