Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 25, 2022
CASE NO(S).: OLT-22-002105 (Formerly) LC200005
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Ochrym, Iwaniura & 848838 Ontario Inc.
Respondent: Ministry of Transportation
Subject: Land Compensation
Property Address/Description: Part Lot 30, Concession 7
Municipality: Township of Puslinch
OLT Case No.: OLT-22-002105
Legacy Case No.: LC200005
OLT Lead Case No.: OLT-22-002105
Legacy Lead Case No.: LC200005
OLT Case Name: Ochrym, Iwaniura & 848838 Ontario Inc. v. Ministry of Transportation
Heard: February 22, 2022 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
George Ochrym, Jan Iwaniura and 848838 Ontario Inc. (“Claimants”)
E. Davis / T. Johnson
Ministry of Transportation (“Ministry”)
R. Lawson / V. Glasser
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON FEBRUARY 22, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a second Case Management Conference (“CMC”) with regard to a claim arising from an expropriation by the Ministry.
2As the Ministry had not yet responded to a February 2021 offer by the Claimants, the Tribunal set the matter over to a third CMC on May 26, 2022 for the reasons set out below.
DECISION
3At the first CMC on November 4, 2021, the Tribunal was advised that the Claimants had made an offer to settle to the Ministry in February of 2021 to which there had as of then been no reply from the Ministry.
4The Ministry had then advised that it had sought a land use planning opinion and a new appraisal in order to reply and they were expected by December 1, 2021.
5At the second CMC, the Claimants’ counsel advised that the response by the Ministry was still outstanding, that the Claimants were open to Tribunal-led mediation but it was difficult to recommend to the Claimants as it appeared that there was additional documentation that the Ministry had that should be produced.
6Counsel for the Ministry replied that “everything that is available is on the Ministry website”, that the Ministry response to the Claimants’ offer would be issued “imminently”, and that the Ministry was open to Tribunal-led mediation.
7In the absence of the Ministry response to the Claimants’ offer, and on the assurance by the Ministry that it would issue imminently, the Tribunal put the matter over to a third CMC for Thursday, May 26, 2022, commencing at 10 a.m. by VH.
8Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/687587165
Access Code: 687-587-165
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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 VH 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.
12For the next CMC, the Tribunal expects that the Ministry response will have been issued. The Tribunal will hear a status update at that time.
13In the event that both parties are agreeable to Tribunal-led mediation, the Tribunal may be spoken to in order to provide direction to the Tribunal’s mediation panel.
14There will be no further notice.
15I am not seized.
16Scheduling permitting, I may be available for case management purposes.
17This is the Order of the Tribunal.
“Blair S. Taylor”
blair s. taylor
MEMBER
Ontario Land Tribunal
Website: www.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.