Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2021
CASE NO(S).: LC200005
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Ochrym, Iwaniura and 848838 Ontario Inc.
Respondent: Ministry of Transportation
Subject: Land Compensation
Property Address/Description: Part Lot 30, Concession 7
Municipality: Township of Puslinch
OLT Case No.: LC200005
OLT File No.: LC200005
OLT Case Name: Ochrym v. Transportation (Ontario)
Heard: November 4, 2021 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
George Ochrym, Jan Iwaniura, and 848838 Ontario Ltd. (“Claimants”)
E. Davis/T. Johnson
Ministry of Transportation (“Ministry”)
R. Lawson/V. Glasser
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON NOVEMBER 4, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) that arises from a 2017 expropriation of part of the Claimants’ lands in the Township of Puslinch to realign Highway 6.
2The Claimants filed their Notice of Arbitration and Statement of Claim on or about January 31, 2020 seeking a fair market value determination of the expropriated lands and damages for injurious affection.
3Subsequent thereto the parties had engaged with the Board of Negotiation (“BON”) without success, and had attempted to resolve the matters of compensation off-line, equally without success.
4At the CMC the Tribunal sought a status update from the parties, heard a request for the final design Ministry plans, set a second CMC for Tuesday, February 22, 2022 by VH, gave directions to the parties as to steps to be taken for the second CMC, all for the reasons set out below.
DECISION
5Counsel for the Claimants advised the Tribunal that the parties had been trying to resolve this matter with the assistance of the BON, and through off-line discussions, but to no avail.
6Counsel advised that a Claimants’ proposal had been sent to the Ministry in February of 2021 to which no reply had been received.
7Counsel sought to obtain the Ministry’s final design plans, to have the Tribunal set a second CMC date and to set a two week hearing date.
8Ministry counsel confirmed that it had received a proposal form the Claimants but had not been in a position to reply as it had not received reports from its planner and appraiser and believed those might be available as of December 1, 2021.
9Ministry counsel also indicated that he did not know if there were any new plans other than that documented in the Ministry’s TESR (“The Environmental Statement Report” providing the preferred alternative), nor was he aware of the Ministry’s proposed construction schedule.
10Ministry counsel agreed that a second CMC would be helpful, that the Ministry was open to Tribunal-led mediation, and that the parties could work on a draft Procedural Order (“PO”) and Issues List in the lead up to a second CMC.
11The Tribunal set a second CMC for Tuesday, February 22, 2022 commencing at 10 a.m. by VH.
12Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/240115061
Access code: 240-115-061
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 240-115-061.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16The Tribunal directs that at the next CMC, the agenda will include status updates from the Ministry on the following:
a. Whether the Ministry has the final design plans and if so when they will be provided to the Claimants, and if not, when the Ministry will have the final design plans;
b. The Ministry’s proposed construction schedule;
c. The Ministry’s planner’s report;
d. The Ministry’s new appraisal report;
17As an explanation with regard to the importance of the final design plans, the Tribunal notes that the TESR provides a preferred alternative (the preliminary design) which is usually two dimensional. For the Claimants to be fully able to examine any potential impacts that may arise from the expropriation, the Claimants need to have the final design plans as the final design plans will be three dimensional and there may be noteworthy design details that may impact the Claimants’ lands through, for example, such matters as significant elevation changes potentially affecting storm water or noise impacts.
18The CMC agenda will also hear updates from the parties as to whether Tribunal-led mediation would be of assistance and if so, what steps had been taken in that regard.
19The Tribunal tasked counsel for the Claimants to prepare a draft PO and Issues List with input from the Ministry, and, on consent, provide the draft PO and Issues List to the Case Coordinator on or before Tuesday, February 15, 2022.
20There will be no further notice.
21I am not seized.
22Scheduling permitting, I may be available for case management purposes.
23This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
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.