Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2021
CASE NO(S).: LC180027
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: CT REIT Limited Partnership
Respondent: City of Toronto & Toronto Transit Commission
Subject: Land Compensation
Property Address/ Description: 1015-1025 Lake Shore Blvd E
Municipality: City of Toronto
LPAT Case No.: LC180027
LPAT File No.: LC180027
LPAT Case Name: CT REIT Limited Partnership v. Toronto (City)
Heard: July 23, 2021 by video hearing
APPEARANCES:
Parties
Counsel
CT REIT Limited Partnership (by its general partner CT REIT GP CORP), Canadian Tire Corporation Limited, Peter M. Oliver Sales Ltd., and Mark's Work Warehouse Ltd.
R. Uukkivi and M. Winch
City of Toronto and Toronto Transit Commission
B. O’Callaghan
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) regarding proceedings brought by CT REIT Limited Partnership (by its general partner CT REIT GP CORP), Canadian Tire Corporation Limited, Peter M. Oliver Sales Ltd., and Mark's Work Warehouse Ltd. (“Claimants”) under the Expropriations Act against the City of Toronto (“City”) and the Toronto Transit Commission (“TTC”) regarding the lands located at 1015-1025 Lakeshore Boulevard East.
2Prior to the CMC, the Claimants brought a motion asking the Tribunal to issue a Procedural Order requiring, among other things, the disclosure of a business loss report by the City and the TTC and the holding of examinations for discovery. During the course of the CMC, the Parties settled the motion and agreed to the scheduling of hearing dates.
3The Tribunal received submissions from the Parties on proposed witnesses and the length of the hearing. Based on these submissions, it scheduled an eight-day hearing commencing in early September 2022. It also scheduled a further CMC for late March 2022 to address undertakings and refusals and other procedural matters, if necessary.
4Subsequent to the CMC, on August 5, 2021, the Parties filed a draft Procedural Order, which the Tribunal has reviewed, revised, and approves.
ORDER
5The Tribunal approves the Procedural Order attached as Schedule 1 to this Order and Decision.
6The Tribunal orders that a further CMC will be held by video hearing on Thursday, March 31, 2022 commencing at 10 a.m. One day has been set aside.
7The Tribunal orders that the hearing will be held by video on Tuesday, September 6, 2022 commencing at 10 a.m. Eight days have been set aside.
8The hearings are scheduled to proceed by video as follows: Thursday, March 31, 2022
GoTo Meeting: https://global.gotomeeting.com/join/508498797
Access code: 508-498-797
Audio-only telephone line: +1 (647) 497-9373
Audio-only access code: 508-498-797 Tuesday, September 6, 2022
GoTo Meeting: https://global.gotomeeting.com/join/617510101
Access code: 617-510-101
Audio-only line: +1 (647) 497-9391
Audio-only access code: 617-510-101
9Parties and participants are asked to log into the video hearings at least 15 minutes before the start of the events to test their video and audio connections.
10Parties and participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the events can connect to the events by calling into an audio-only telephone line.
12Individuals are directed to connect to the events on the assigned dates at the correct times. It is the responsibility of the persons participating in the hearings by video to ensure that they are properly connected to the events at the correct times. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13There will be no further notice.
14This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.