Local Planning Appeal Tribunal
Tribunal d’appel de l’aménagement local
ISSUE DATE: October 29, 2021
CASE NO(S).: LC200039
The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Anne Marie Ball
Respondent: The Minister of Transportation
Subject: Land Compensation
Property Address/Description: 7044 Best Rd. 3330 Conc. Rd 7, 3313 Conc. Rd. 7
Municipality: Municipality of Clarington
LPAT Case No.: LC200039
LPAT File No.: LC200039
LPAT Case Name: Ball v. The Minister of Transportation
Heard: October 14, 2021 by telephone conference call
APPEARANCES:
Parties Anne Marie Ball (“Claimant”)
Counsel Katie Butler Piper Morely
Parties Minister of Transportation (“MOT”)
Counsel Johnathan Sydor
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON OCTOBER 14, 2021 AND ORDER OF THE TRIBUNAL
1This Case Management Conference was convened by telephone on short notice due to the request by the Claimant that the Tribunal address complications now arising from non-compliance by MOT with the timelines and obligations set out in the Procedural Order issued by the Tribunal on April 15, 2021. In the usual manner, the Procedural Order attached to that Decision set out the deadlines for disclosure of productions and witness information, and discovery processes preceding the scheduling hearing dates of March 7 to March 18, 2022.
2Counsel for the Claimant provided a brief history of the non-compliance through this past year, which was not challenged by the MOT. Mr. Sydor frankly admitted that, without reasonable excuse, the MOT had indeed failed to comply with a number of the deadlines set out in the prior Order, notwithstanding the ongoing demands of working remotely during the pandemic.
3In order to ensure the parties are prepared for the scheduled hearing, the MOT has acknowledged that it is obviously necessary to reset the chronology of the deadlines for compliance. Counsel for the Claimant has provided a revised Summary of Revised Procedural Dates for discussion and those dates were confirmed. A revised draft Procedural Order was forwarded to the Tribunal immediately following this conference and has been reviewed and confirmed as appropriate.
REVISED PROCEDURAL ORDER
4The revised Procedural Order now attached to this Decision and Order as Attachment 1 shall govern this proceeding. The MOT is expected to now comply with all deadlines and requirements set out in the Procedural Order in a timely manner.
MEDIATION
5The Tribunal was previously advised by the Parties that, on consent, they had agreed to Tribunal-led mediation. Despite the fact that the Panel confirmed prior to the first CMC that there was availability in June, the MOT failed to follow-up for the purposes of requesting and scheduling mediation. Mr. Sydor confirmed again that in addition to the without prejudice settlement discussions undertaken by the parties the MOT was still prepared to consider mediation. Ms. Sandra Chan, the Tribunal’s Strategic Resolution Advisor, was again alerted to the intended request for mediation and will await communication from counsel for both parties following this conference. Whether or not such a mediation request can be accommodated at this point is unknown.
PRE-HEARING STATUS HEARINGS/CMCS
6A pre-hearing status hearing/CMC has already been scheduled by telephone conference call commencing at 9 a.m. on Friday, December 10, 2021. Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
7Given the alteration of the procedural dates in the revised Procedural Order it was confirmed that a further CMC may now be required closer to the start of the hearing. The scheduling of a further status hearing/CMC in February of 2022 can be addressed during the December CMC. Whether or not the hearing can be scheduled as an in-person hearing, given the current circumstances of the pandemic, can be addressed during the CMC(s).
8The Panel Member is not seized, and there will be no further notice with respect to the hearing or all further CMCs.
9The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER VICE-CHAIR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.