Christel Higgs

The parties submitted a draft Procedural Order to the Ontario Land Tribunal regarding a claim for compensation under the Expropriations Act.

The Tribunal issued the Procedural Order on consent, setting the timetable for pre-hearing steps, including documentary discovery, mediation, and the exchange of expert reports, and scheduling a five-day video hearing to commence on May 31, 2027.

The parties submitted a draft Procedural Order to the Ontario Land Tribunal regarding a claim for compensation under the Expropriations Act arising from the expropriation of lands by Metrolinx.

The Tribunal issued the Procedural Order, scheduling an eight-day video hearing to commence on February 22, 2027, and setting out the procedural timetable for documentary discovery, mediation, and the exchange of expert reports.

The parties submitted a draft Procedural Order on consent to govern the conduct of the proceeding regarding a claim for disturbance damages under the Expropriations Act.

The Tribunal issued the Procedural Order, scheduling the hearing for April 12, 2027, and setting out the procedural timetable for pleadings, discovery, mediation, and evidence exchange.

The matter involves a claim for compensation under the Expropriations Act arising from Metrolinx's expropriation of a property in Toronto.

During status teleconferences, it was noted that the Claimant failed to deliver witness statements in accordance with a prior Procedural Order.

Metrolinx requested $2,500 in costs due to this non-compliance.

The Tribunal deferred the costs request to be considered after the hearing or upon settlement, and issued a revised Procedural Order setting new hearing dates for April 2026.

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.

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

The hearing is scheduled to commence on January 26, 2026, for a period of eight days.

The order sets out the schedule for documentary discovery, examinations for discovery, expert meetings, and the exchange of witness statements.

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.

Metrolinx brought a motion to compel the claimant to deliver an affidavit of documents, schedule examinations for discovery, and cancel the upcoming hearing dates in an expropriation compensation proceeding.

The claimant agreed to the documentary and discovery relief but opposed vacating the hearing dates.

The Tribunal ordered the claimant to deliver the affidavit of documents and attend discovery on specified dates, and vacated the scheduled hearing dates, allowing the parties to seek new dates upon the claimant's compliance.

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.

The Respondent, Metrolinx, brought a motion to compel the Claimants to answer undertakings and questions refused during an examination for discovery in an expropriation compensation proceeding.

The Claimants sought over $59 million in compensation but failed to provide particulars for their business loss and disturbance damage claims.

The Tribunal found the Claimants' refusals to answer questions regarding the highest and best use of the property and their allegations of bad faith to be unreasonable.

The motion was granted, and the Claimants were ordered to provide fulsome answers and pay $7,500 in costs to the Respondent.

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 Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act following a partial expropriation by the respondent.

The Tribunal scheduled a ten-day hearing to commence in February 2026 and issued a Procedural Order to govern the pre-hearing steps, including discovery, mediation, and the exchange of expert reports.

The Ontario Land Tribunal held a teleconference to establish a procedural order for a land compensation arbitration under the Expropriations Act.

The Tribunal ordered the claimants to produce financial statements and tax returns, and issued a procedural order governing the steps leading up to a 14-day hearing scheduled to commence in July 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for Official Plan and Zoning By-law amendments to permit a 50-storey mixed-use building in Toronto.

The parties requested a third CMC on consent to allow Metrolinx, which recently received expropriation approval for the subject lands, time to serve a 90 days' notice to expropriate.

The Tribunal scheduled a third CMC for February 21, 2025, and ordered the parties to provide a Draft Procedural Order and Issues List.

The applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate a 36-storey mixed-use building.

Following a previous decision, the Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to a 13-day hearing scheduled to commence on May 21, 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx remained a party due to imminent expropriation of the subject lands.

The Tribunal scheduled a five-day contested settlement hearing and approved the Procedural Order to guide the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Nipigon Investments Inc. and Nipigon Property Limited against the City of Toronto's failure to make decisions on Official Plan, Zoning By-law, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx was not a party to the settlement.

The Tribunal scheduled a five-day contested settlement hearing and approved the final Procedural Order to guide the future proceedings.

Following a decision awarding the claimant $571,891 for injurious affection due to business losses from an expropriation, the parties made written submissions on statutory interest.

The respondent argued that business losses are disturbance damages and do not attract interest under section 33(1) of the Expropriations Act.

The Tribunal rejected this argument, finding that business losses resulting from the construction or use of the works constitute injurious affection under section 1(1)(a)(ii) and therefore attract statutory interest.

The Tribunal ordered interest to be calculated from the beginning of each loss period, totaling $190,170.52 to April 19, 2024, with a per diem thereafter.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's refusal of Official Plan, Zoning By-law, and Site Plan Amendment applications for a 50-storey residential building.

The Tribunal granted party status to Metrolinx and participant status to several local residents.

A further Case Management Conference was scheduled for October 23, 2024, with a draft Procedural Order and Issues List to be submitted prior.

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.