Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 01, 2022
CASE NO(S).: OLT-22-002232 (Formerly) LC200011
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: City Park (Dixie Rd.) Inc.
Respondent: Ministry of Transportation
Subject: Land Compensation
Property Address/ Description: Various Addresses
Municipality: City of Mississauga
OLT Case No.: OLT-22-002232
Legacy Case No.: LC200011
OLT Lead Case No.: OLT-22-002232
Legacy Lead Case No.: LC200011
OLT Case Name: City Park (Dixie Rd.) Inc. v. Ontario (Ministry of Transportation)
Heard: March 22, 2022 by video hearing
APPEARANCES:
Parties City Park (Dixie Rd.) Inc. (“Claimant”) Ministry of Transportation (“MOT”)
Counsel Emilio Bisceglia Robert Lawson
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MARCH 22, 2022 AND ORDER OF THE TRIBUNAL
1Pursuant to a Decision and Order of the Tribunal issued on December 23, 2020, the hearing of the Claimant’s Claim for compensation under the Expropriations Act, arising from the expropriation of portions of its property by the MOT, was scheduled before the Tribunal for five days, commencing December 13, 2021.
2The Tribunal was advised by previous counsel for the MOT on December 10, 2021 that the parties had reached a settlement in principle. Counsel requested that the hearing dates be vacated and indicated that a Case Management Conference (“CMC”) could be scheduled in 2022 to allow for the finalization of the settlement. In early January, the Claimant requested a further CMC, which was then scheduled for this date.
3Nothing of consequence arises from today’s attendance. The Tribunal is advised that although Minutes of Settlement have been drafted in the ensuing three months since the advice to the Tribunal, they have still not yet been signed. Counsel for the MOT appears confident that the Minutes will be signed, and that the resolution will include an agreement on costs. The Claimant has also expressed optimism that the settlement will be finalized in writing.
4The Claimant requested a further CMC in two weeks. That was declined. As the previously scheduled hearing was cancelled at the request of the Parties on the basis that a settlement had been reached in principle, the Tribunal does not wish to expend limited Member resources to discuss whether there is, or is not, a settlement. This is unproductive.
5The Tribunal instead directs the Parties, and counsel for the Parties have undertaken, to advise the Tribunal if, and when, binding Minutes of Settlement have been executed by their respective clients and that the Tribunal may close its file. Should the Parties require direction on the matter of costs, they may address the Tribunal then. The Tribunal’s file will be held in abeyance until that time. The Claimant may request a further CMC only in the event there is no settlement reached and a new pre-emptory date for the previously cancelled hearing can then be scheduled.
6If the Tribunal is not advised of a settlement, or a CMC is not requested to secure a pre-emptory hearing date by September 1, 2022, the Parties are to provide a written status report with respect to the Claim by that date.
7The Tribunal so orders and provides these CMC directives for the purposes of the case management of this proceeding. The Member is not seized with respect to any further case management.
“David L. Lanthier”
DAVID L. LANTHIER VICE-CHAIR
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.