Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 10, 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 Ltd.
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: March 1, 2022 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
470698 Ontario Ltd (“Claimant”)
Dante Gatti
Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation (“MOT”)
Robert Lawson
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MARCH 1, 2022 AND ORDER OF THE TRIBUNAL
1This is the fourth Case Management Conference (“CMC”) now conducted as a Status Hearing in this Claim brought by the Claimant seeking compensation from the MOT as a result of the expropriation of lands owned by the Claimant in the Town of Tecumseh.
2The last CMC was conducted on November 29, 2021. A hearing of this Claim was then scheduled to commence on Tuesday, May 10, 2022 but the Tribunal scheduled this further Status Hearing/Case Management for the purposes of receiving confirmation from counsel as to whether the Claim has been resolved in its entirety.
3Mr. Lawson has recently been assigned carriage of this matter on behalf of the MOT and he advises that although draft Minutes of Settlement are currently with the MOT he has not yet received final confirmation that the draft can be executed. The expectation is that the Minutes will be signed and in that event the hearing dates can be removed from the Tribunal’s calendar.
4Upon inquiry by the Panel, Mr. Lawson has undertaken to advise the Tribunal as soon as is possible whether the Minutes of Settlement have been executed and whether the Tribunal’s file can be closed, and hearing withdrawn from the Tribunal’s calendar. If he advises the Tribunal that the Minutes of Settlement have not been executed, the hearing of this Claim will proceed as previously directed by the Tribunal, commencing at 10 a.m. on Tuesday, May 10, 2022, and continuing to Friday, May 13, 2022 on a pre-emptory basis.
5The Tribunal so orders and provides these directives for the purposes of the case management of this proceeding.
“David L. Lanthier”
DAVID L. LANTHIER
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.