Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2022
CASE NO(S).: OLT-22-002251 (Formerly LC170005)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: 470698 Ontario Limited
Respondent: Ministry of Transportation
Subject: Land Compensation
Property Address/Description: 5800 Outer Dr.
Municipality: Town of Tecumseh
OLT Case No.: OLT-22-002251
Legacy Case No.: LC170005
OLT File No.: OLT-22-002251
Legacy File No.: LC170005
OLT Case Name: 470698 Ontario Ltd. V. Ontario (Transportation)
Heard: September 28, 2022 by video hearing
APPEARANCES:
Parties
Counsel
470698 Ontario Ltd.
Dante Gatti
Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation
Jonathan Sydor
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON SEPTEMBER 28, 2022 AND ORDER OF THE TRIBUNAL
1The Tribunal held a status hearing on September 28, 2022 regarding the expropriation proceeding brought by 470698 Ontario Ltd. seeking compensation from Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation with respect to lands in the Town of Tecumseh.
2At the status hearing, the Parties updated the Tribunal on the preparation of a draft Procedural Order and Issues List and undertook to file drafts forthwith. On October 4, 2022, the Parties filed a draft Procedural Order and Issues List with the Tribunal, which the Tribunal has now reviewed and approves in the form attached as Attachment 1 to this Order and Decision.
3At the status hearing, the Parties stated that they had thoroughly attempted settlement discussions, but have been unsuccessful in reaching a settlement. They described the number and nature of witnesses to be called at a hearing and agreed that nine days would be required for the matter to be heard.
4The Tribunal orders that the hearing of the matter will be held by video hearing commencing on Monday, May 15, 2023 at 10:00 a.m. Nine days have been set aside. The hearing is scheduled to proceed by video as follows:
5Parties 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/765631861
Access Code: 765-631-861
6Parties 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.
7Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
8Individuals 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 video hearing 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.
ORDER
9The Tribunal approves the Procedural Order and Issues List attached as Attachment 1 to this Order and Decision.
10There will be no further notice.
11This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS 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.
ATTACHMENT 1
CASE NO(S).: OLT-22-002251 (Formerly LC170005)
PROCEEDING COMMENDED UNDER s.26(b) of the Expropriations Act, R.S.O. 1990 c. E.26, as amended
Claimant 470698 Ontario Inc.
Respondent His Majesty the King in Right of Ontario
Subject (specify): Land Compensation Property Address/Description 5800 Outer Drive
Municipality (specify): Town of Tecumseh OLT Case No. OLT-22-002251
Legacy Case No. LC170005
OLLT File No. OLT-22-002251
Legacy File No. LC170005
OLT Case Name: 470698 Ontario Ltd. v. Ontario (Transportation)
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The hearing will begin on May 15, 2023 at 10:00 am, as a virtual hearing.
The parties’ initial estimation for the length of the hearing is 9 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The Issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’