Obico Rail Yard (GP) Inc. v. Toronto (City), 2022 CanLII 101407

655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca

ISSUE DATE: October 28, 2022

CASE NO.: OLT-22-002406 (LC200010)

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: Obico Rail Yard (GP) Inc.

Respondent: City of Toronto

Subject: Land Compensation

Property Address/Description: Part of Lot 7, Concession 4

Municipality: City of Toronto

OLT Case No.: OLT-22-002406

Legacy Case No.: LC200010

OLT Lead Case No.: OLT-22-002406

Legacy Lead Case No.: LC200010

OLT Case Name: Obico Rail Yard (GP) Inc. v. Toronto (City)

BEFORE:

G.C.P. BISHOP ALTERNATE CHAIR Tuesday, the 25th day of October, 2022

THIS MATTER having come before the Tribunal for a written motion regarding the lands municipally known as 30 Newbridge Road and 36 North Queen Street in the City of Toronto (the “Subject Lands”);

THIS MATTER having been the subject of a decision of the Tribunal dated September 8, 2022;

THE TRIBUNAL having now been advised, on consent, that a full and final settlement had been reached in accordance with Minutes of Settlement;

THE TRIBUNAL ORDERS in accordance with the Consent attached hereto as Attachment 1, that the claims of the Claimant are hereby withdrawn on consent of the parties pursuant to Minutes of Settlement; and

THE TRIBUNAL ORDERS that any outstanding requests for costs in this proceeding are hereby abandoned and there shall be no additional costs payable by any party respecting any matter in this proceeding.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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

ATTACHMENT 1

ONTARIO LAND TRIBUNAL

IN THE MATTER OF THE EXPROPRIATION ACT, R.S.O. 1990, C.E. 26 AND IN THE MATTER OF AN ARBITRATION

B E T W E E N:

OBICO RAIL YARD (GP) INC. Claimant

and -

CITY OF TORONTO Respondent

The Parties hereto, none of whom is under any legal disability, through their respective lawyers, hereby consent to an Order of the Ontario Land Tribunal in the attached form.

Dated at Toronto, Ontario, this 24th day of October, 2022.

BORDEN LADNER GERVAIS LLP On behalf of the Respondent

Dated at Toronto, Ontario, this 24th day of October, 2022.

Andrew Baker as authorized agent for AIRD & BERLIS LLP On behalf of the Claimant

ATTACHMENT 1

CONSENT