Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 14, 2021
CASE NO(S).:
LC200041
LC210021
LC200042
LC210025
LC210010
OLT-21-001082
LC210012
OLT-21-001144
LC210013
OLT-21-001439
LC210016
OLT-21-001441
LC210017
OLT-21-001491
LC210019
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Yuan Peng Zhao and Chun Lan Luo
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3340D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC200041
OLT File No.:
LC200041
OLT Case Name:
Zhao, Luo v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Mahtab Mirmoezi and Shahin Shokatpour Torab
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3336C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC200042
OLT File No.:
LC200042
OLT Case Name:
Mirmoezi, Torab v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Philip Wing-Chan Lee and Stella Pui Pui Lee
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3338C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210010
OLT File No.:
LC210010
OLT Case Name:
Lee v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Steven White and Kathleen Shinn
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3338A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210012
OLT File No.:
LC210012
OLT Case Name:
Shinn, White v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Jianhua Zhang
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3336B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210013
OLT File No.:
LC210013
OLT Case Name:
Zhang v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Vinay Verma and Purti Papneja
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3338D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210016
OLT File No.:
LC210016
OLT Case Name:
Papneja, Verma v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Dae Seong Park and Chan Ae Suck
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3336A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210017
OLT File No.:
LC210017
OLT Case Name:
Park, Suck v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Xiang Ping Zhang and Hui Ling Liu
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3340C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210019
OLT File No.:
LC210019
OLT Case Name:
Liu, Zhang v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Ming Ho Au Yeung, Ming Sum Au Yeung and Pui Ha Lau
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3348D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210021
OLT File No.:
LC210021
OLT Case Name:
Au Yeung, Lau v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Fiona Miao Fu
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3348C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
LC210025
OLT File No.:
LC210025
OLT Case Name:
Fu v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Xiaoyan Zhou and Jiani Xi
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3338B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001082
OLT File No.:
OLT-21-001082
OLT Case Name:
Xi, Zhou v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Shu-Shin Shen
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3340B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001144
OLT File No.:
OLT-21-001144
OLT Case Name:
Shen v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Anity Tsun-Min Chang Liao
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3348E Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001439
OLT File No.:
OLT-21-001439
OLT Case Name:
Chang Liao v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Yue Zhao
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3340A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001441
OLT File No.:
OLT-21-001441
OLT Case Name:
Zhao v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Navid Mehrasa
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation ---- Land Compensation
Property Address/Description:
3336D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001491
OLT File No.:
OLT-21-001491
OLT Case Name:
Mehrasa v. Toronto Catholic District School Board
Heard:
December 13, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
Claimants – see Attachment 1
D. Koev
S. D’Agostino (in absentia)
Toronto Catholic District School Board
A. Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY S. JACOBS ON DECEMBER 13, 2021 AND ORDER OF THE TRIBUNAL
1In 2015, the Toronto Catholic District School Board (the “TCDSB”) expropriated 18 townhouses along Bayview Avenue to facilitate its redevelopment and expansion of a neighbouring school site. The Tribunal received claims for compensation for 15 of the townhouse properties and convened this Case Management Conference (“CMC”) to schedule a hearing for these claims.
2Ms. Koev and Mr. Baker agree that it makes sense for the Tribunal to hear the claims together in one six-week hearing. This would allow for efficiency, given the commonality in counsel and experts among the Claimants. The Tribunal agrees that in this unusual circumstance, hearing these claims together will make for a more efficient and consistent proceeding than individual adjudication of the claims.
3Counsel presented the Tribunal with a draft Procedural Order that reflected their request to hear the matters together in a six-week hearing. The Tribunal inquired into each party’s estimate of hearing time, based on the number and types of witnesses they expect to call. Ms. Koev advised that she anticipates two hearing days per household, based on there being one witness per household, as well as appraisal, market, and real estate experts, for a total of between 15-20 witnesses. Mr. Baker advised that he intends to call up to three witnesses: a TCDSB representative, an appraiser, and a market expert.
4Based on its discussions with the parties and its review of the claims and replies, the Tribunal agreed that a six-week hearing is appropriate for hearing these claims together. It scheduled the hearing for six weeks starting at 10 a.m. on Monday, February 6, 2023. Because the TCDSB may retain a verbatim reporting service to host the hearing platform, connection details will be circulated once confirmed.
5The parties also requested the Tribunal to schedule a second CMC, in order to discuss whether the hearing may be converted to an in-person event and potentially to hear motions arising from the discovery process. The Tribunal also understands that the parties remain open to settlement discussions, and a second CMC will allow the parties to update the Tribunal as to whether all of the scheduled hearing time is required.
6Accordingly, the Tribunal scheduled a second CMC at 10 a.m. on Friday, September 9, 2022. Should there be motions proceeding at this CMC and the TCDSB has retained a verbatim reporting service to host the hearing platform, it shall advise the Tribunal and Claimants of those details at least 30 days before the CMC. If there are no motions to be heard at the CMC, counsel should advise the Tribunal’s Case Coordinator by the same date so that telephone conference call details can be provided.
7Having reviewed the parties’ draft Procedural Order, the Tribunal provided the following directions to the parties for its revision:
The TCDSB shall advise the Tribunal and the Claimants as to whether it has retained a service to host the hearing platform at least 60 days before the scheduled hearing;
The parties shall provide a hearing plan at least 45 days before the scheduled hearing; and,
If the hearing is proceeding by video, the parties shall provide an Electronic Hearing Protocol to be appended to the Procedural Order at least 30 days before the scheduled hearing.
8The parties shall submit their revised Procedural Order within two weeks of the issuance of this Decision.
9This Member is not seized.
10This is the Order of the Tribunal.
“S. Jacobs”
S. JACOBS
MEMBER
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.
ATTACHMENT 1
Claimants
Yuan Peng Zhao and Chun Lan Luo
Mahtab Mirmoezi and Shahin Shokatpour Torab
Stella Pui Pui Lee and Phillip Wing-Chan Lee
Steven White and Kathleen Shinn
Jianhua Zhang
Vinay Verma and Purti Papneja
Dae Seong Park and Chan Ae Suck
Hui Ling Liu and Xiang Ping Zhang
Ming Ho Au Yeung, Ming Sum Au Yeung, and Pui Ha Lau
Fiona Miao Fu
Jiani Xi and Xiaoyan Zhou
Shu-Shin Shen
Anity Tsun-Min Chang Liao
Yue Zhao
Navid Mehrasa