Ontario Land Tribunal
Tribunal ontarien de l'aménagement
du territoire
ISSUE DATE:
December 22, 2021
CASE NO(S).:
LC200039
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Anne Marie Ball
Respondent:
The Minister of Transportation
Subject:
Land Compensation
Property Address/Description:
7044 Best Rd. 3330 Conc. Rd 7, 3313 Conc. Rd. 7
Municipality:
Municipality of Clarington
OLT Case No.:
LC200039
OLT File No.:
LC200039
OLT Case Name:
Ball v. The Minister of Transportation
Heard:
December 10, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Anne Marie Ball ("Claimant")
Piper Morley
Katie Butler
Minister of Transportation ("MTO")
Johnathan Sydor
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON DECEMBER 10, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This second Case Management Conference ("CMC") in this Claim was scheduled under the CMC Decision issued on April 15, 2021 to address specific matters in advance of the scheduled hearing of the Claim to begin on March 7, 2022.
2The Tribunal was advised that the parties have reached a settlement with respect to the Claim in all respects save and except as to the matter of costs. There are no Minutes of Settlement signed as of this time.
3Notwithstanding the settlement the Parties have requested that the Tribunal delay in closing its file until such time as the parties discuss and determine whether: (a) the outstanding matter of costs can be resolved as between them; or (b) it is necessary to request that the Tribunal exercise its powers to determine the quantum of costs pursuant to s. 32 of the Expropriations Act, either by fixing costs or making an order for the referral of costs to an Assessment Officer of the Ontario Superior Court of Justice.
4The Parties shall, on or before Thursday, March 31, 2022, advise the Tribunal in writing as to whether its file may be closed or alternatively that the matter of costs is to be addressed by the Tribunal. If the Tribunal has not been advised by that date in accordance with this direction, the Case File shall be closed without further notice.
5The Tribunal Member is not seized for the purposes of any further hearing event that may be required.
6The Tribunal so orders and provides this additional CMC directive for the purposes of the case management and closure of this Claim.
"David L. Lanthier"
DAVID L. LANTHIER
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.