Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 07, 2021
CASE NO(S).: LC130037
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
OLT Case No.: LC130037
OLT File No.: LC130037
OLT Case Name: 1425626 Ontario Inc. v. Ministry of Transportation
Heard: October 1, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
1425626 Ontario Inc. (“Claimant”)
D. Gatti
Ministry of Transportation
R. Lawson
(“Ministry”)
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON OCTOBER 1, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference to track the progress of this matter.
2The Tribunal was advised that the Ministry’s counsel had recently changed, that the Ministry’s preparation of its expert’s report had been delayed due to medical circumstances, that both parties were seeking Tribunal-led mediation, and counsel for the Claimant was also seeking to have an 8 day hearing set.
3For the reasons set out below, the Tribunal gave direction with regard to the production of the Ministry’s expert report, and for a possible reply by the Claimant. It also recommended the matter for Tribunal-led mediation, but declined to set an 8 day hearing.
DECISION
4The Tribunal was informed of the recent change in counsel at the Ministry and while its expert’s report was delayed due to medical circumstances, it was expected imminently.
5The Tribunal gave direction for the Ministry to produce its expert report to counsel for the Claimant on or before October 8, 2021 and that the Claimant could, if it wished, reply on or before January 8, 2022.
6Both counsel requested Tribunal-led mediation with counsel for the Claimant also seeking to have an 8 day hearing set.
7When the Tribunal asked about the number of witnesses that might be heard, it was advised that the Claimant likely would be calling two witnesses and that the Ministry might be calling one witness with the possibility of a second.
8With regard to the request for Tribunal-led mediation, the Tribunal recommends this matter for such mediation.
9With regard to the Claimant’s request to set an 8 day hearing, the Tribunal’s hearing schedule is a public resource that must be carefully and efficiently managed, especially during these Covid-19 times. A hearing with three or possibly four witnesses is more likely to require a 4 or 5 day hearing rather than the 8 days requested, especially if through Tribunal-led mediation the outstanding issues are scoped. Therefore, the Tribunal declined to set an 8 day hearing.
10I am not seized of this matter.
11Scheduling permitting, I may be available for case management purposes.
12This 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.