Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 10, 2021
CASE NO(S).: LC140043
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 413464 Ontario Limited
Respondent: City of Windsor
Subject: Land Compensation
Property Address/Description: 1245 Provincial Road and 1065 Cabana Road East
Municipality: City of Windsor
OLT Case No.: LC140043
OLT File No.: LC140043
OLT Case Name: 413464 Ontario Limited v. Windsor (City)
Heard: December 6, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Windsor
Patrick Brode
413464 Ontario Ltd.
Myron Shulgan
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH ON DECEMBER 6, 2021 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) respecting a claim by 413464 Ontario Ltd. against the City of Windsor for the value of lands taken for the reconstruction of a road and injurious affection under the Expropriation Act.
2The Tribunal was advised by counsel that they had commenced the discovery process but were not in a position to finalize a Procedural Order (“PO”) or set a date for the hearing of this matter until the production of documents and undertakings given on the discovery has taken place. Mr. Brode undertook to advise Mr. Shulgan in writing as to the particulars of what documents are still outstanding.
3Counsel are directed to provide an update in writing to the Tribunal no later than February 28, 2022, as to the progress made with respect to the completion of the discovery process.
4The Tribunal will then set a date for a further CMC to finalize a PO and set a hearing date.
5The parties have been advised as to the availability of Tribunal-assisted mediation and may make a request for such in writing to the Tribunal.
6I am not seized.
7It is so ordered.
“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.