Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 14, 2022
CASE NO(S).: OLT 22-002362
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended
Claimant: Motek Cultural Initiative
Respondent: Metrolinx
Subject: Land Compensation
Property Address: 1 Atlantic Avenue
Municipality: City of Toronto
OLT Case No.: OLT-21-002362
OLT Lead Case No.: OLT-21-002362
OLT Case Name: Motek Cultural Initiative v. Metrolinx
Heard: December 8, 2022 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Motek Cultural Initiative (“Claimant”) | L. Cummings |
| Metrolinx (“Metrolinx”) | I. Mathany |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON DECEMBER 8, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to a draft Procedural Order (“PO”), a request for a motion date following discoveries, and a request for a five day hearing on the merits.
2For the reasons set out below, the Tribunal gave direction with regard to amendments to the draft PO, set a motion date for Friday, April 28, 2023, and set a five day hearing to commence on Monday, June 12, 2023.
PO
3The Tribunal entered the draft PO as Exhibit 1. The Tribunal directed amendments to paragraphs 22 and 28 such that the Tribunal would receive a draft hearing plan at least 55 days in advance of the hearing date, as it may not be necessary to utilize all five days for the hearing on the merits, and as the Tribunal seeks to optimize its hearing schedule.
4Additionally, the Tribunal directed that the Joint Document Book referenced in paragraph 25 shall be submitted to the Tribunal at least 10 days in advance of the hearing.
5Finally with reference to paragraph 29, all filings to the Tribunal shall be submitted in both electronic and hard copy.
6The Tribunal tasked counsel for the Claimant to make the amendments, and with consent of counsel for Metrolinx provide the revised draft PO to the Tribunal on or before Thursday, December 15, 2022 for consideration by the Tribunal.
MOTION
7The Tribunal set the Motion date for Friday, April 28, 2023 commencing at 10 a.m. by VH.
8Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
9Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 660-145-013.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12There will be no further notice.
13I am not seized.
HEARING ON THE MERITS
14The Tribunal set a five day hearing on the merits for Monday, June 12, 2023 commencing at 10 a.m. by VH.
15Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
16Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
18Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
19There will be no further notice.
20I am not seized.
21This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
VICE-CHAIR
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.