Matthew Valitutti

In an expropriation proceeding, the respondent Metrolinx brought a motion for directions regarding documentary discovery, an amendment to its Reply, and the scheduling of mediation.

The Tribunal ordered the claimants to produce the requested financial records underlying their business loss claim and permitted Metrolinx to amend its Reply, finding no prejudice to the claimants.

The Tribunal declined to order mandatory mediation at this stage, noting it is rarely productive when involuntary, but directed the parties to confer regarding mediation and revised the procedural order accordingly.

The Ontario Land Tribunal held a Case Management Conference to establish a Procedural Order for an expropriation claim.

The parties disagreed on the timing of mediation.

The Claimants sought early mediation to narrow issues, while the Respondent argued mediation should follow discoveries to ensure sufficient information was available.

The Tribunal directed that mediation occur within sixty days after the completion of Examinations for Discovery and scheduled a six-day hearing on the merits.

The applicant filed a human rights application alleging discrimination in employment based on race, colour, ethnic origin, and place of origin, claiming he was constructively dismissed due to harassment by the property manager.

The respondents requested the application be dismissed under section 45.1 of the Human Rights Code, arguing the substance of the application was already dealt with by the Ontario Labour Relations Board (OLRB).

The Tribunal found that the OLRB had already held a hearing on the same factual allegations of harassment and mistreatment, concluding they were not supported by evidence.

As the underlying factual issues were substantially the same and appropriately dealt with by the OLRB, the Tribunal dismissed the application.