Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2022
CASE NO.: LC190026
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Brian Wilson and Jean Wilson
Respondent: City of Kawartha Lakes
Subject: Land Compensation
Property Address/ Description: 629 Highway 36, R.R. 3
Municipality: City of Kawartha Lakes
OLT Case No.: LC190026
OLT File No.: LC190026
OLT Case Name: Wilson v. Kawartha Lakes (City)
BEFORE: R.G.M. MAKUCH, VICE CHAIR
Thursday, the 24th day of March, 2022
THIS MATTER having been commenced by way of a Notice of Arbitration and Statement of Claim, dated November 18, 2019, filed on behalf of Jean Wilson and Brian Wilson (“Claimants”), seeking compensation from the City of Kawartha Lakes (“City”) for injurious affection where there has been no taking of lands, and specifically for diminution in the value of the lands owned by the Claimants that are municipally known as 629 Highway 36, R.R.3, Lindsay, Ontario, alleged to have resulted due to the Lindsay-Ops Landfill, which is owned and operated by the City;
AND THE TRIBUNAL having received the City's Reply, which was served and filed on January 24, 2020 and which, among other things, raised jurisdictional issues and denied that the Claimants were entitled to any compensation;
AND THE TRIBUNAL having received a letter from counsel for the Claimants on February 9, 2022 indicating that the Claimants wish to withdraw their within claim and requested that the Tribunal close its file;
AND THE TRIBUNAL having received a responding letter from counsel for the City on March 11, 2022 indicating, among other things, that the discovery process had concluded in the within proceedings and that the only expert evidence filed with the Tribunal had concluded that there is no injurious affection, such that prejudice would result to the City if the Claimants were permitted to withdraw their claim without conditions;
AND THE TRIBUNAL, having considered the submissions of counsel for both parties, determined that it is appropriate to permit the discontinuance sought by the Claimants, subject to the conditions that the City seeks as an alternative to a dismissal;
AND THE TRIBUNAL may include, in an order to discontinue a matter that is before it pursuant to the Expropriations Act, R.S.O, 1990, c. E. 26, such conditions that the Tribunal considers fair in the circumstances;
THE TRIBUNAL ORDERS that:
The Claimants are hereby granted leave to discontinue the within claim on the condition that the Claimants are precluded from pursuing any claims against the City, including any future claims, for the same matters that are asserted in their Notice of Arbitration and Statement of Claim, dated November 18, 2019, or any claims that could have been asserted in the within proceedings;
This Order shall come into force and effect as of the date that it is made. Notwithstanding, the within Tribunal file shall remain open for a period of at least thirty (30) days from the issuance of this Order such that the City may exercise its right to bring a motion for costs pursuant to Rule 23.05(1) of the Rules of Civil Procedure, should the City wish to do so.
In the event that the City seeks costs, the Tribunal’s file shall remain open until the matter of costs is finally resolved.
“Euken Lui”
EUKEN LUI 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.