Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 03, 2021
CASE NO(S).: LC130043
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Scott Suffield o/a Scott’s Service and Used Cars
Respondent: Her Majesty The Queen in Right of Ontario, as represented by the Minister of Transportation for Ontario
Subject: Land Compensation
Property Address/Description: 5535 Huron Church Line Road
Municipality: Town of LaSalle
OLT Case No.: LC130043
OLT File No.: LC130043
OLT Case Name: Scott's Service & Used Cars v. Ontario (Transportation)
Heard: December 2, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Scott Suffield o/a Scott’s Service and
M. W. Shulgan
Used Cars (“Claimant”)
Ministry of Transportation (“MTO”)
J. Sydor
MEMORANDUM OF ORAL DECISION DELIVERED BY S. JACOBS ON DECEMBER 2, 2021 AND ORDER OF THE TRIBUNAL
1The Claimant operates an automobile repair and sales business at 5535 Huron Church Line Road in the Town of LaSalle. He claims that his business suffered losses due to the MTO’s construction of the Rt. Hon. Herb Gray Parkway. The Parkway is an 11-kilometre highway intended to serve as Ontario’s connection in the end-to-end border transportation system in the Windsor-Detroit gateway. As part of the construction of the Parkway, there was a temporary closure of the intersection of Huron Church Line Road and Highway 3. The Claimant seeks $150,000 in damages as injurious affection and, to that end, filed a Claim with the Tribunal in 2013.
2This Claim was inactive at the Tribunal for several years. Starting in 2020 the Tribunal, differently constituted, convened status hearings in an attempt to move the Claim forward. During the first status hearing, the Tribunal ordered productions to occur on or before September 15, 2020 and discovery to take place on October 15, 2020. The Tribunal scheduled and convened two more status hearings this year, however, Mr. Shulgan failed to attend both and the status of the Claim remained in question.
3The Tribunal convened this status hearing at the mutual request of the parties in order to schedule a hearing for the Claim. Mr. Shulgan advised that he intends to call two witnesses, the Claimant and another witness who can speak to the finances of the business. He clarified that he does not intend to qualify that witness as an expert. Mr. Sydor indicated that the MTO intends to call only one witness to explain the construction project.
4Based its discussion with the parties, the Tribunal scheduled the hearing for two days beginning at 10 a.m. on April 20, 2022:
https://global.gotomeeting.com/join/344469029
Access Code: 344-469-029
5Parties 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.
6Parties 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.
7Persons 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.
8Individuals 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.
9There will be no further notice of the hearing.
10Because the parties have completed production and discovery and do not intend to call expert witnesses, the Tribunal will not require a procedural order. Instead, the Tribunal directs the parties as follows:
Witness and will-say statements shall be exchanged and filed with the Tribunal on or before April 6, 2022 in both electronic and hard copy;
A joint document book shall be filed with the Tribunal on or before April 6, 2022 in both electronic and hard copy; and
The parties shall familiarize themselves with and adhere to the protocols set out in the Tribunal’s Video Hearing Guide.
11This Member is not seized.
12This 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.