Alyssa Granato

The Ontario Land Tribunal issued a procedural order on consent to govern the proceedings for a determination of compensation under the Expropriations Act between Tagumpay Trading Company Limited and Metrolinx.

The order sets out the timetable for pre-hearing steps, including document exchange, mediation, discovery, and expert witness meetings, leading up to a five-day video hearing scheduled to commence on September 14, 2026.

Metrolinx brought a motion to have three separate expropriation compensation claims heard together or consecutively at the same hearing event.

The claims related to properties expropriated for the Ontario Line transit project.

The claimants opposed the motion, arguing that their claims involved different approaches to highest and best use, different experts, and were at different stages of procedural readiness.

The Tribunal dismissed the motion, finding that while there were some common facts, the differences in the claims, the risk of prejudice from delaying the most advanced proceeding, and the lack of readiness of the other files outweighed the efficiency benefits sought by Metrolinx.

The parties submitted a consent request to amend the procedural order governing the arbitration for determination of compensation under the Expropriations Act.

The Ontario Land Tribunal granted the request, rescinded the previous procedural order, and issued an amended procedural order with a revised timetable leading up to a 15-day video hearing scheduled to commence on October 15, 2025.

Metrolinx brought a motion seeking compliance with undertakings and answers to questions refused or taken under advisement during the examination for discovery of the Claimant's representative.

The Claimant argued that answering the questions would violate the principle of proportionality under the Rules of Civil Procedure.

The Tribunal found that the Claimant provided no evidence of the burden or costs to support its proportionality argument.

The Tribunal ordered the Claimant to answer the majority of the disputed questions, while finding it was not required to answer a select few.

The claimant's property was expropriated by Metrolinx for the construction of a subway station.

Following the claimant's death, a case management conference was adjourned multiple times to allow for the appointment of an estate trustee due to a dispute over the property's ownership.

After an estate trustee was appointed, the claimant requested a hearing date.

The Tribunal declined to schedule a hearing date over the respondent's objection that pleadings had not yet been exchanged.

The Tribunal ordered the claimant to deliver a Statement of Claim and the respondent to deliver a Reply, and adjourned the case management conference.

A Case Management Conference was held regarding an application by the statutory authority to determine compensation payable to the registered owner for the expropriation of a property in Toronto.

The Tribunal approved the parties' revised draft Procedural Order, which included provisions for Tribunal-facilitated mediation, and scheduled a five-day video hearing to commence in November 2025.

This was the fourth Case Management Conference regarding a Notice of Arbitration filed by the respondent transit authority to determine compensation for the expropriation of the claimant's property.

The claimant had passed away, and an unresolved estate dispute existed regarding ownership of the property.

The claimant's counsel and counsel for the deceased claimant's sister-in-law requested that a hearing be scheduled, but the respondent objected due to the lack of clarity on who was bringing the claim and the absence of a Statement of Claim.

The Tribunal found it premature to set a hearing date and scheduled a fifth Case Management Conference, directing the parties to clarify the estate matter and file a Statement of Claim.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation following an expropriation by Metrolinx.

The parties agreed to a Procedural Order and requested a 15-day hearing.

The Tribunal scheduled the hearing for October 2025 and issued the Procedural Order to govern the future conduct of the proceeding.

The Tribunal convened a Case Management Conference regarding a claim for compensation under the Expropriations Act following the expropriation of lands by Metrolinx.

The parties could not agree on a hearing date, with the claimant seeking a date in late 2024 and the respondent requesting spring 2025.

The Tribunal scheduled a three-day hearing for January 2025 and issued a Procedural Order to govern the proceedings.

Metrolinx filed a Notice of Arbitration seeking the Tribunal's determination of compensation owed to the claimant for the expropriation of a property in Toronto.

At the first Case Management Conference, the Tribunal ratified a consent Procedural Order and scheduled a five-day video hearing for December 2024.

The parties also expressed interest in Tribunal-assisted mediation.

The applicant appealed the City of Pickering's refusal of a zoning by-law amendment to permit an infill residential development of four semi-detached dwellings on a severed parcel.

The Tribunal found that the proposed development conforms to the City's Official Plan, is consistent with the Provincial Policy Statement, and maintains the low-rise residential character of the neighbourhood.

The Tribunal preferred the evidence of the applicant's planner, noting the City's planner made several concessions during cross-examination.

The appeal was allowed and the municipality was directed to amend the zoning by-law.

The applicant appealed the City of Pickering's refusal of a zoning by-law amendment application to permit a four-unit semi-detached residential development.

At the first Case Management Conference, the Tribunal granted participant status to one individual, noted ongoing settlement discussions, and scheduled a three-day video hearing.

The parties were directed to finalize and submit the Procedural Order and Issues List.