Jessica Karban

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.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation arising from the expropriation of a commercial property for the Eglinton Crosstown LRT project.

The Tribunal issued a Procedural Order, set a 14-day hearing on the merits for November 2024, and established pre-hearing timelines for discovery, expert reports, and witness statements.

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.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation arising from Metrolinx's expropriation of a temporary easement over the claimants' property for the GO Expansion Project.

The Tribunal issued a Procedural Order on consent, setting out the issues list, order of evidence, and scheduling a three-day video hearing on the merits for June 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the partial expropriation of a commercial property by the respondent for a transit project.

The Tribunal issued a Procedural Order setting dates for a five-day hearing on the merits, a pre-hearing conference and mediation assessment, and a motion for discovery issues.

The claimant sought compensation for injurious affection and disturbance damages under the Expropriations Act.

The Ontario Land Tribunal issued a fresh as amended procedural order to govern the upcoming five-day video hearing, replacing the previous procedural order issued in February 2021.

The appellants appealed the City of Pickering Committee of Adjustment's refusal of a minor variance application to permit a reduced lot frontage of 10.6 metres (where 15 metres is required) to facilitate the severance of the property into two lots for new detached dwellings.

The Tribunal allowed the appeal and authorized the variance, accepting expert planning evidence that the proposal meets the four tests under section 45(1) of the Planning Act, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan.

Metrolinx applied for a warrant to take possession of expropriated lands, while the respondent landlords and tenants applied to postpone possession, arguing Metrolinx failed to make a valid, good-faith offer of compensation under s. 25 of the Expropriations Act.

Metrolinx had offered $1.00 due to alleged environmental contamination but refused to answer questions or provide environmental reports during examinations.

The respondents sought an adjournment to bring a refusals motion before a Master.

The court granted the adjournment, finding the respondents had a reasonable basis to test whether Metrolinx's offer was made in good faith.

The applicants sought a development permit to construct a second dwelling on their farm property within the Niagara Escarpment to facilitate farm succession.

The Niagara Escarpment Commission (NEC) conditionally approved the permit, which was appealed by the Coalition on the Niagara Escarpment.

The Hearing Officer recommended refusing the permit, finding that the proposal did not meet the strict requirements of the Niagara Escarpment Plan for secondary or temporary farm dwellings.

However, the Minister of Natural Resources and Forestry rejected the Hearing Officer's recommendation and confirmed the NEC's decision to issue the conditional development permit.

The applicants sought to construct a secondary dwelling on a lot in the Niagara Escarpment Rural Area.

The Niagara Escarpment Commission conditionally approved the development permit, which was appealed by several parties.

Prior to the hearing, the applicants requested an adjournment to allow them to apply for an amendment to the Niagara Escarpment Plan.

The Hearing Officer granted the adjournment, finding it appropriate and an efficient use of resources, and scheduled a subsequent telephone conference call.

At a pre-hearing conference regarding an appeal of a Notice of Suspension of conditions for a waste disposal site, the Tribunal addressed requests for status and scheduled a preliminary motion.

The Tribunal granted party status to Citizens Against the ED19 Dump for the entire proceeding, including the preliminary motion, finding that the narrow costs rules under the Environmental Protection Act addressed the appellant's concerns about potential costs awards.

Several other individuals and organizations were granted participant or presenter status on consent.