Mariana Cherkas

The Tribunal held a third Case Management Conference regarding a claim for land compensation arising from the expropriation of parts of a property by Metrolinx for the Eglinton Crosstown LRT.

The parties advised they intended to file further amended pleadings and provided a draft Procedural Order.

The Tribunal approved the Procedural Order and scheduled a five-day video hearing for November 2025.

The claimant in an expropriation proceeding brought a motion to admit an updated spreadsheet detailing its relocation expenses, which the Tribunal had previously refused to admit on the first day of the hearing due to late production.

The respondent opposed the motion, arguing it violated the Rules of Civil Procedure, was barred by issue estoppel, and constituted an abuse of process.

The Tribunal granted the motion, finding that the claimant provided a reasonable explanation for the late production, the respondent now had ample time to review the document, and the Tribunal's broad procedural powers allowed it to revisit evidentiary rulings to ensure a fair resolution on the merits.

The claimant brought a motion for directions seeking an order requiring the respondent to provide responsive answers to undertakings and under advisements from an examination for discovery.

The underlying claim involves damages for expropriation, injurious affection, and trespass related to the Finch West LRT Project.

The Tribunal ordered the respondent to answer several undertakings, including providing names on a redacted email, producing requests for drone photographs, and answering questions about access obstruction and internal policies, finding that the principle of proportionality under the Rules of Civil Procedure does not apply to land compensation proceedings under the Expropriations Act.

The Ontario Land Tribunal held a case management conference regarding a land compensation claim under the Expropriations Act.

The Tribunal issued a procedural order on consent, setting out the organization of the hearing, requirements before the hearing, and the order of evidence for the upcoming arbitration.