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Tribunal issues procedural order on consent for a compensation claim regarding underground infrastructure locate delays.
The Ontario Land Tribunal held a case management conference regarding a claim for compensation by Capital Paving Inc. against several utility companies under the Ontario Underground Infrastructure Notification System Act, 2012.
The Tribunal issued a procedural order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, the order of evidence, and the timetable leading up to a 14-day video hearing scheduled to begin in November 2026.
Tribunal directs revised procedural order and schedules 14-day hearing for delayed locates compensation claims.
The Tribunal convened a Case Management Conference regarding claims for compensation filed by the claimant against several utility companies under the Ontario Underground Infrastructure Notification System Act, 2012.
The claims allege delays in providing locates within the statutory five-day period.
The Tribunal directed the parties to submit a revised draft Procedural Order and scheduled a 14-day video hearing for November 2026.
Tribunal retains jurisdiction to hear compensation claims for late locates commenced prior to statutory repeal.
The Tribunal initiated a motion to determine its jurisdiction to hear claims for compensation for late locates under the Ontario Underground Infrastructure Notification System Act, following the repeal of section 17(1)(c) on May 1, 2024.
The claimant argued that its claims were commenced prior to the repeal and that it had a vested substantive right to proceed under the Legislation Act.
The respondents argued that the legislature intended to eliminate the Tribunal's jurisdiction over such claims.
The Tribunal found that the repeal did not apply retroactively and that it retained jurisdiction to hear the claims on their merits.
Tribunal initiates motion to determine its jurisdiction over locate delay compensation claims following legislative amendments.
The Tribunal convened Case Management Conferences for claims for compensation filed by the claimant against several utility companies for delays in providing locates.
Following the recent repeal of s. 17(1)(c) of the Ontario Underground Infrastructure Notification System Act, the respondents argued the Tribunal no longer had jurisdiction to award compensation.
The Tribunal initiated a motion to determine its jurisdiction via a written hearing and set a schedule for submissions.
Motion to set aside Registrar's dismissal for delay granted as plaintiffs satisfied the Reid test.
The plaintiffs brought a motion to set aside a Registrar's Order dismissing their action for delay and to amend the Statement of Claim to substitute a named defendant for 'John Doe'.
The action arose from an airplane accident.
The court applied the Reid test, finding that the plaintiffs satisfactorily explained the litigation delay, inadvertence, and delay in bringing the motion, and that the defendants would not suffer non-compensable prejudice.
The motion to set aside the dismissal was granted, and the plaintiffs were permitted to amend their claim to add the named defendant.
