Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2021
CASE NO(S).: LC180032
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 751518 Ontario Limited
Respondent: Town of Innisfil
Subject: Land Compensation
Property Address/Description: Part Lot 7, Concession 6
Municipality: Town of Innisfil
OMB Case No.: LC180032
OMB File No.: LC180032
OMB Case Name: 751518 Ontario Limited v. Innisfil (Town)
Heard: May 19, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
751518 Ontario Limited (“Claimant”)
William Friedman
Town of Innisfil (“Respondent”)
Sarah Hahn
DECISION DELIVERED BY R.A. BECCAREA AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the sixth Case Management Conference (“CMC”) concerning this matter.
2This Tribunal in its decision issued on December 22, 2020 ordered that a further CMC be arranged with the Tribunal’s Case Coordinator to deal with the completion of a Procedural Order and setting a hearing date, since the matter has been outstanding for a considerable time.
3This May 19, 2021 CMC was arranged on consent and was held by way of a Telephone Conference Call (“TCC”).
THE HEARING
4Despite the Tribunal agreeing to hold, now, six CMCs, Ms. Hahn, the Respondent’s counsel advised the Tribunal on May 5, 2021 that the Respondent needed three more months to complete the necessary material to respond to the Claimant’s expert reports which are referred to in the Tribunal’s December 22, 2020 Decision and which have since been provided on January 29, 2021.
5The reports provided by Mr. Friedman, the Claimant’s counsel, Ms. Hahn advised, contained “unexpected” allegations and a “higher number” for its injurious affection claim.
6Ms. Hahn indicated that she intends to have an outside planner hired that could take time, noting that Mr. Friedman did take a year to produce his documentation.
7Mr. Friedman asked that should the Tribunal agree to adjourn the matter again, that the scheduled hearing be on a peremptory basis.
ORDER
8The Tribunal Orders that the Respondent’s adjournment request is granted.
9The Tribunal Orders that a TCC be scheduled for a seventh CMC, peremptory on Friday, September 3, 2021 commencing at 9 a.m.
10Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 1006967# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
11Both the Claimant and the Respondent’s counsel at that time are to address the following:
(a) all of the disclosures directed to be provided in the Tribunal’s December 22, 2020 issued Decision and those contained in that of Member Taylor’s Decision of November 5, 2020;
(b) an agreed upon Procedural Order for the Tribunal to issue;
(c) the production of the Respondent’s expert’s reports and proposed testimony;
(d) a position on whether a mediation session is intended to be requested at the Tribunal’s mediation section;
(e) the proposed Parties Witness List; and
(f) suggested dates and duration of the intended Hearing of this matter.
12Time shall be of the essence.
13The Member is not seized.
“R.A. Beccarea”
R.A. BECCAREA
MEMBER
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.