J. Doherty

Following a settlement of an expropriation claim, the claimant brought a motion for the adjudication of costs under section 32 of the Expropriations Act.

The City argued that the claimant's legal fees were unreasonable and excessive, particularly criticizing the use of multiple counsel.

The Tribunal rejected the City's unsubstantiated allegations of abuse of public funds but found some of the time expended by the claimant's counsel to be excessive.

The Tribunal ordered the City to pay the claimant's costs, subject to a 15% and 10% reduction on specific legal fee invoices.

The claimants seek compensation for injurious affection arising from the township's alleged failure to properly construct, maintain, and operate a drainage system.

A case management conference was held to review and approve a revised procedural order and set new hearing dates.

The Tribunal directed the claimants to submit a finalized procedural order and scheduled a five-day video hearing for May 2026, noting the parties' interest in potential mediation.

The Tribunal convened a Case Management Conference for appeals by McLean-Peister Ltd. regarding development charges levied by the Regional Municipality of Waterloo and the City of Kitchener for a multi-storey industrial facility.

The parties requested consolidation of the appeals and submitted a draft Procedural Order on consent.

The Tribunal ordered the consolidation of the appeals, approved the Procedural Order, and scheduled a three-day merits hearing.

The applicant appealed the failure of the Regional Municipality of Waterloo and the City of Cambridge to make decisions on a proposed draft Plan of Subdivision and Zoning By-law Amendment for a 48-hectare site.

At a settlement hearing, the Tribunal accepted uncontested expert planning evidence that the proposed residential development and environmental protection areas satisfy all statutory requirements, including conformity with the Growth Plan and consistency with the Provincial Policy Statement.

The Tribunal allowed the appeals in part, approving the draft Plan of Subdivision and the Zoning By-law Amendment.