G. Lavictoire

In an expropriation compensation proceeding, the respondent municipality brought a motion to compel production of a real estate appraisal referenced in the claimants' Statement of Claim.

The claimants brought a cross-motion to amend their pleadings to remove references to the appraisal, arguing it was protected by settlement privilege.

The Ontario Land Tribunal ordered production of the appraisal, finding that the claimants waived any privilege by voluntarily pleading its details.

The Tribunal permitted the claimants to amend their pleadings to rely on additional appraisals, but prohibited the deletion of references to the original appraisal, noting that doing so would prejudice the respondent who had already conducted partial discovery based on the original pleading.

At a first Case Management Conference concerning an expropriation compensation claim, the Tribunal ordered the Claimant to serve and file a Statement of Claim by January 31, 2025.

The Respondent is to file a Reply in accordance with the Rules, and the parties are to submit a draft Procedural Order for the Tribunal's review one week following the Reply.

The Ministry of Transportation applied to the Ontario Land Tribunal for approval to close portions of six municipal roads to facilitate the replacement of an existing cloverleaf interchange at Highway 401 and Highway 4 with a new Parclo A-4 design.

The application was opposed by the owners of adjacent commercial properties, who argued that the closure and realignment of Burtwistle Lane would negatively impact their stormwater pond and potentially landlock their properties.

The Tribunal accepted the uncontroverted expert evidence of the Ministry's highway design engineer that the existing interchange was deficient and the proposed realignment would significantly improve driver safety.

Finding that public safety must prevail over the convenience of private property owners, the Tribunal approved the road closings.