Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 08, 2021
CASE NO(S).: LC180003
The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board 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: The Estate of Manuel Haralambus
Respondent: Regional Municipality of Halton
Subject: Land Compensation
Property Address/ Description: Part of Lot 12, Concession 2 Trafalgar Road
Municipality: Regional Municipality of Halton
OMB Case No.: LC180003
OMB File No.: LC180003
OMB Case Name.: The Estate of Manuel Haralambus v. Halton (Region)
Heard: May 21, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
The Estate of Manuel Haralambus
Raj Kehar
(“Claimant”)
Regional Municipality of Halton (“Respondent”)
Frank Sperduti Piper Morley
DECISION DELIVERED BY R.A. BECCAREA AND ORDER OF THE TRIBUNAL
1The Tribunal in its Decision issued on June 17, 2020, ordered by June 19, 2020 that the Parties provide the Case Coordinator, Ben Bath, with executed Minutes of Settlement and the Storm Water Management Agreement for its approval and issuance.
2On June 30, 2020, the Claimant’s Counsel, Mr. Kehar advised the Tribunal’s Case Coordinator that all required agreements pursuant to the settlement reached by the Parties have been entered into.
3Mr. Kehar also advised the Case Coordinator that the terms of the Minutes of Settlement required that the Storm Water Agreement, in particular, by joint request, remain confidential.
4In terms of Local Planning Appeal (“LPAT”) Case No. LC180003, Mr. Kehar also advised that it was the joint request with the Region for the Tribunal’s file be kept open as bills of costs were being submitted and should there be a dispute over their reasonableness, it may elect to have the dispute adjudicated by the Tribunal.
5On February 22, 2021, Mr. Kehar asked the Tribunal to schedule a Case Management Conference (“CMC”) to address the scheduling and procedural requirements associated with a hearing on the assessment of costs in this matter pursuant to s. 32 of the Expropriations Act.
6This CMC by Telephone Conference Call (“TCC”) was scheduled to accommodate Mr. Kehar and the Region’s request.
7No orders respecting the adjudication of the Claim commenced under s. 26(b) of the Expropriations Act have been made by the Tribunal. This includes in particular, any determination of an amount referenced in the expressed provisions of s. 32 (1) or 32 (2) of the Expropriations Act.
THE HEARING
8This Member expressed concern as to whether, because of the express wording of s. 32 of the Expropriations Act, it has jurisdiction to fix the costs. This Member has since been satisfied that it has jurisdiction to do so.
9The Minutes of Settlement provide for the determination and payment of the Claimant’s compensation claim and the only outstanding matter respecting the Claim is the payment of their costs. This Member asked Mr. Kehar to provide suggested wording of a hearing process to be included in this decision which he did so on May 21, 2020.
10The Respondent’s concern with the Claimant’s Bill of Costs are that it is “too high” and contains “duplication of efforts”, and whether certain witnesses or experts were necessary.
11Both Counsel said that the hearing respecting the assessment of costs would involve calling between 6 to 12 witnesses and take about ten (10) days of time.
12The Tribunal scheduled a further CMC for Thursday, June 24, 2021 by TCC at 9 a.m., in order to discuss various procedural matters that are set out in the Order section of this decision.
ORDER
13The Tribunal Orders that:
14The Parties will submit a draft Procedural Order prior to the next CMC currently scheduled for Thursday, June 24, 2021. The Procedural Order will be required to set hearing dates. Counsel for the Estate of Haralambus will take the lead in preparing the draft Procedural Order. The Parties agree to have the costs considered in accordance with the Tribunal’s jurisdiction and procedures. The Parties agree the Tribunal has jurisdiction to deal with this matter.
15The draft Procedural Order will set out a proposed length of hearing, the issues for the hearing, and the proposed date for the exchange of any agreed upon materials prior to the oral hearing on the merits of the cost claim.
16At the June 24, 2021 CMC, the Tribunal anticipates one of three (3) outcomes:
a) a draft Procedural Order is submitted to the Tribunal prior to the June 24, 2021 CMC on consent of the parties, and the parties may appear to: (i) request hearing dates; (ii) update the Tribunal on any progress towards resolution; and (iii) address any other procedural matters that may arise; or
b) A draft Procedural Order may be submitted to the Tribunal prior to the June 24, 2021 CMC that is not on consent and the parties may seek direction from the Tribunal regarding any dispute on the terms of the draft Procedural Order. The Parties are also to update the Tribunal on any progress towards resolution and may also address any procedural matters that may arise. The expectation is that the June 24, 2021 CMC will be used by the parties to request hearing dates; or
c) The Parties may in the interim engage in without prejudice settlement discussions that may result in an update at the June 24, 2021 CMC advising the Tribunal that, on the consent of all Parties, setting this matter down for a hearing is unnecessary at that time.
17Individual(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.
18This Member is seized.
“R.A. Beccarea”
R.A. BECCAREA
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.