Irene Wong

The Ontario Land Tribunal held a case management conference regarding a claim for compensation under the Expropriations Act following a partial fee simple taking and temporary limited interest by the Regional Municipality of Waterloo.

The Tribunal issued a procedural order scheduling a 15-day video hearing to commence on November 23, 2026, and set out the procedural requirements leading up to the hearing.

The County of Simcoe expropriated a portion of a property and filed a Notice of Arbitration to determine compensation.

The registered owners were deceased prior to the expropriation, and the County served notice on individuals believed to be next of kin.

The County requested the Tribunal determine final compensation or order payment into court due to the next of kin's non-responsiveness.

The Tribunal declined the request, finding that the deceased owners' estate must be properly served and represented by legal counsel, and directed the County to conduct further investigations to effect proper service.

The claimant brought a motion to compel the respondent to adhere to the Procedural Order and to amend the hearing date due to the respondent's delay in an expropriation compensation proceeding.

The respondent did not file responding materials and agreed to the requested relief, except for mandatory mediation.

The Tribunal vacated the original hearing date, scheduled a new five-day hearing for June 2025, and issued an amended Procedural Order.

The Tribunal declined to order mandatory mediation but forwarded the claimant's request to the OLT Mediation group.

Metrolinx brought motions to dismiss proceedings commenced by the claimants to have the Ontario Land Tribunal determine their costs entitlement under section 32 of the Expropriations Act.

Metrolinx argued that the Tribunal lacked jurisdiction to assess costs and could only fix them, asserting that the matter must be referred to an assessment officer of the Superior Court of Justice.

The Tribunal dismissed the motions, finding that it has broad and exclusive jurisdiction under the Expropriations Act and the Ontario Land Tribunal Act to determine costs.

The Tribunal held that the distinction between fixing and assessing costs does not limit its jurisdiction, and it is not bound by private settlement agreements to refer costs to an assessment officer.

Metrolinx brought motions to dismiss the claimants' proceedings for the determination of costs under section 32 of the Expropriations Act, arguing that the Ontario Land Tribunal lacked jurisdiction to assess costs and was required to refer the matter to an assessment officer of the Superior Court of Justice.

The Tribunal dismissed the motions, finding that it has broad and exclusive jurisdiction under the Expropriations Act and the Ontario Land Tribunal Act to determine costs.

The Tribunal held that its authority is not limited by any distinction between 'fixing' and 'assessing' costs, nor can a private settlement agreement oust its statutory jurisdiction.

Metrolinx brought motions challenging the jurisdiction of the Ontario Land Tribunal to determine costs under section 32 of the Expropriations Act, arguing the matter must be referred to an assessment officer of the Superior Court of Justice.

The Tribunal dismissed the motions, finding it has broad and exclusive jurisdiction under the Expropriations Act and the Ontario Land Tribunal Act to adjudicate costs disputes.

The Tribunal held that it is not bound by private settlement agreements to refer costs to an assessment officer and that determining costs internally is fair, just, expeditious, and cost-effective.

Metrolinx brought motions to dismiss the claimants' proceedings for the determination of costs under section 32 of the Expropriations Act, arguing that the Ontario Land Tribunal lacked jurisdiction to assess costs directly and was required to refer the matter to an assessment officer of the Superior Court of Justice.

The Tribunal dismissed the motions, finding that it has broad and exclusive jurisdiction under the Expropriations Act and the Ontario Land Tribunal Act to determine costs.

The Tribunal held that its discretion to refer a costs matter to an assessment officer does not fetter its authority to adjudicate costs itself, and that a private settlement agreement cannot oust the Tribunal's statutory jurisdiction.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for the determination of compensation under the Expropriations Act.

The order sets out the schedule for discoveries, expert reports, and the video hearing scheduled for November 2024.