Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 16, 2021
CASE NO(S).: LC190013
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 1188042 Ontario Inc. and Central Meet Market (Kitchener) Limited
Respondent: Regional Municipality of Waterloo
Subject: Land Compensation
Property Address/Description: 760 King Street West
Municipality: Regional Municipality of Waterloo
OLT Case No.: LC190013
OLT File No.: LC190013
OLT Case Name: 1188042 Ontario Inc. and Central Meet Market (Kitchener) Limited v. Waterloo (Regional Municipality)
Heard: October 5, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1188042 Ontario Inc. and Central Meet Market (Kitchener) Limited (the “Claimant”) | G. Murdoch |
| Regional Municipality of Waterloo (the “Region”) | A. Armstrong |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. JACOBS ON OCTOBER 5, 2021 AND ORDER OF THE TRIBUNAL
1The Region took part of the Claimant’s property on King Street in Kitchener to facilitate its light rail transit project (the “LRT project”). The Claimant operates a grocery store and claims that the Region’s LRT project caused losses to its business because of reduced vehicle traffic on King Street. In addition to claiming compensation for the market value of the portion of the property taken by the Region, it also claims disturbance damages. As an alternative to disturbance damages, it claims injurious affection for the losses caused by the City’s construction of the LRT project.
2The Tribunal conducted this Case Management Conference (“CMC”) to discuss a draft Procedural Order (“PO”) and schedule a hearing for the Claim. The parties advised the Tribunal that they intend on calling a total six expert witnesses in the areas of economic loss, business loss, and traffic.
3The parties agreed to the following timetable for the procedural steps in this proceeding:
| No. | Remaining Steps to be Completed | By which Party | Date to be Completed by |
|---|---|---|---|
| 1. | Exchange Affidavit of Documents | All parties | January 7, 2020 |
| 2. | Examinations for Discovery | All parties | February 4-5, 2020 |
| 3. | Undertakings to be answered | All parties | December 2, 2021 |
| 4. | Any motions arising from Examinations or Undertakings to be scheduled | All parties | January 31, 2022 |
| 5. | Exchange of Witness List / Expert Witness Statements / Reports / Lay Witness Statements | All parties | June 30, 2022 |
| 6. | Exchange of Expert Reply Witness Statements / Reply Reports | All parties | August 31, 2022 |
| 7. | Meeting of Like Experts | All parties | September 30, 2022 |
| 8. | Request to Admit | All parties | 30 Days Before the Hearing |
| 9. | Arrange for Court Reporter | The Region | 15 Days Before the Hearing |
| 10. | Joint Document Book | The Region | 7 Days Before the Hearing |
4The Tribunal directed the parties to provide a draft PO within one week of the CMC to reflect their agreed upon timetable and to include the other items required by the Tribunal’s Sample Procedural Order for Video Hearings. Instead, they again provided the timetable and included additional clauses that reflected the discussions that took place during this CMC. Rather than delay this matter further, the Tribunal has provided additional direction regarding the PO in this Decision and Order.
5Based on the discussions during the CMC, the Tribunal scheduled the hearing for nine days starting at 10 a.m. on November 7, 2022.
6Parties 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/253962653
Access Code: 253-962-653
7Parties 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.
8Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
9Individuals 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 video hearing 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.
10The Tribunal will not sit on November 11, 2022. No further notice of the hearing is required.
11As discussed during the CMC, should the Region retain a verbatim reporting service to host a different hearing platform, it should advise the Tribunal of this as soon as possible and at least 60 days before the scheduled hearing.
12The parties shall adhere to their agreed-upon timetable as set out in this Decision and Order, with the exception of the timeline for provision of the Joint Document Book, which shall be provided to the Tribunal at least 10 days prior to the hearing. In addition, the parties shall file a preliminary hearing plan with the Tribunal at least 45 days before the scheduled hearing. The parties shall include these timelines and provisions in a draft PO to be submitted to the Tribunal within 30 days of the issuance of this Decision and Order.
13This Member is not seized.
14This is the Order of the Tribunal.
“S. Jacobs”
S. JACOBS
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.