David Hopper

Metrolinx applied for approval to expropriate portions of the subject properties for a temporary easement to provide construction access for track work related to the SmartTrack Program and GO Expansion.

Following discussions, the parties agreed to a revised, non-exclusive temporary easement with a reduced area.

The Tribunal found the proposed revised taking to be fair, sound, and reasonably necessary to achieve Metrolinx's objectives of expanding and improving public transit services, and recommended approval of the expropriation.

Metrolinx sought to expropriate portions of common elements from three condominium corporations to facilitate the construction of a new SmartTrack/GO Train station.

The condominium owners requested a Hearing of Necessity under the Expropriations Act and sought an adjournment, arguing they received insufficient information about changes from full takings to easements.

The Tribunal denied the adjournment, finding Metrolinx met its statutory disclosure obligations.

On the merits, the Tribunal accepted expert engineering evidence that the takings were required for the station's construction and maintenance.

The Tribunal concluded the proposed fee simple takings and easements were fair, sound, and reasonably necessary to achieve Metrolinx's transit expansion objectives.

The Association of Professional Engineers of Ontario (PEO) appealed a decision of its Discipline Panel that dismissed four allegations of professional misconduct against an engineer and his firm regarding their environmental assessment and remediation of an oil spill.

The Divisional Court allowed the appeal, finding that the Panel committed several errors of law, including applying a standard of proof higher than the balance of probabilities, failing to treat practising without a Certificate of Authorization as a strict liability offence, improperly drawing an adverse inference, and applying the tort concepts of harm and causation to the regulatory definition of negligence.

The court set aside the Panel's decision and remitted the matter to be reheard by a differently constituted panel.