Ontario Land Tribunal
Tribunaux de l’aménagement du territoire Ontario
655 Bay Street, Suite 1500 Toronto ON M5G 1E5
655 rue Bay, suite 1500 Toronto ON M5G 1E5
Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE: November 25, 2021
CASE NO(S).: LC200004
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: White Star Group of Companies
Respondent: City of Hamilton
Subject: Land Compensation
Property Address/Description: 271 Bay St. N, 107 Stuart St. & 34-36 Tiffany St.
Municipality: City of Hamilton
LPAT Case No.: LC200004
LPAT File No.: LC200004
LPAT Case Name: White Star Group of Companies v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 12(1) of the Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1, and the Tribunal’s Rules of Practice and Procedure
Request by: City of Hamilton
Request for: Motion for Directions
Heard: Heard in writing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| City of Hamilton | Patrick MacDonald* |
| White Star Group of Companies | Daniel Richter* and Marino Rakovac |
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY R.G.M. MAKUCH
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on October 19, 2021, is hereby amended.
2By deleting paragraph [33] from the Decision:
- With respect to White Star’s request for its costs of the City’s Motion to Dismiss the claim which resulted in the Tribunal’s decision dated April 14, 2021, Tribunal Rule 23.1 provides that any request for costs must be made within 30 days after the Written Decision is issued. The Tribunal’s decision on the City’s Motion to dismiss was issued on April 14, 2021, and it is again clear that White Star’s request made in its Response Record dated July 2, 2021 does meet the 30 day deadline imposed by the above referred to Rule 23.1. White Star’s request is therefore denied.
3And replacing it with the following:
- With respect to White Star’s request for its costs of the City’s Motion to Dismiss the claim which resulted in the Tribunal’s decision dated April 14, 2021, Tribunal Rule 23.1 provides that any request for costs must be made within 30 days after the Written Decision is issued. The Tribunal’s decision on the City’s Motion to dismiss was issued on April 14, 2021, and it is again clear that White Star’s request made in its Response Record dated July 2, 2021 does not meet the 30 day deadline imposed by the above referred to Rule 23.1. White Star’s request is therefore denied.
4In all other respects the Tribunal’s Decision remains the same.
“R.G.M. Makuch”
R.G.M. MAKUCH 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.