Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 29, 2021
CASE NO(S).:
LC130037
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 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:
1425626 Ontario Inc. (Windsor Husky)
Respondent:
Ministry of Transportation
Subject:
Land Compensation
Property Address/ Description:
4040 Country Road 46
Municipality:
City of Windsor
LPAT Case No.:
LC130037
LPAT File No.:
LC130037
LPAT Case Name:
1425626 Ontario Inc. v. Ministry of Transportation
Heard:
June 24, 2021 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
1425626 Ontario Inc. (“Claimant”)
Ministry of Transportation (“Ministry”)
D. Gatti
L. Marsello
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JUNE 24, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal had held a Case Management Conference (“CMC”) on March 2, 2021 where the Tribunal was advised that examinations for discovery and undertakings had been fulfilled, but the Claimant’s appraisal had not yet been served and filed. The Tribunal directed the service of the appraisal and set a second CMC to consider setting a hearing date.
2At the CMC the Tribunal heard submissions with regard to the service of the Claimant’s appraisal, the Ministry’s request for documents and the Tribunal set a further CMC by TCC for Friday, October 1, 2021 commencing at 9 a.m., all for the reasons set out below.
DECISION
3Counsel for the Ministry confirmed receipt of the Claimant’s appraisal but advised that the Ministry had requested some 18 documents from the Claimant in order for the Ministry’s experts to be able to appropriately review and respond to the appraisal report.
4Counsel for the Claimant advised the Tribunal that all the requested documentation (save one publicly available document) had been put on a USB key and sent by registered mail and was enroute to the Ministry.
5Counsel for the Ministry indicated that the Ministry would, on receipt of the requested information, forward it to the Ministry’s experts and that it would like be September before their experts would be in a position to report.
6In these circumstances, the Tribunal set a date for a further CMC by TCC for Friday October 1, 2021 commencing at 9 a.m.
7Individual(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 4779874# 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.
8There will be no further notice.
9I am not seized.
10Scheduling permitting, I may be available for case management purposes.
11This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.