Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 28, 2022
CASE NO(S).:
OLT-22-002357
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Ilana Gemeiner and Judith Gemeiner
Respondent:
City of Toronto
Subject:
Land Compensation
Property Address/ Description:
35-49 Bales Ave Blk A Plan 2090
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002357
Legacy Case No.:
LC060020
OLT Lead Case No.:
OLT-22-002357
Legacy Lead File No.: OLT File No.: Legacy File No.:
L060021 OLT-22-002357 L060021
OLT Case Name:
Gemeiner v. Toronto (City)
Heard:
March 30, 2022 via video hearing
APPEARANCES:
Parties
Counsel
City of Toronto and Toronto Transit Commission (Respondents)
M. Longo and J. Jakubowski
Ilana Gemeiner, Judith Gemeiner, Y. Erez Architect Inc. and 1314193 Ontario Limited
Conner Harris
MEMORANDUM OF ORAL DECISION DELIVERED ON MARCH 30, 2022 BY R.G.M. MAKUCH AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) in this matter.
2Counsel for the City has requested the Tribunal to schedule a date to hear a motion to dismiss the claim based on the delay by the Claimants in advancing their claim.
3Counsel have agreed that the Claimants would produce their affidavit of documents not later than April 15, 2022 so that the contents thereof may be incorporated into the City’s motion to dismiss.
4The City’s proposed motion to dismiss is scheduled for Monday, May 30, 2022 commencing at 10 a.m.
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://meet.goto.com/656004293
Access code: 656-004-293
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: +1 (647) 497-9373. The access code is 656-004-293.
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 motion by video 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.
9The Claimants are directed to serve and file their affidavit of documents not later that end of day April 15, 2022.
10Counsel have agreed on a timeline for the exchange of motion materials, which would accommodate time for cross-examinations on the affidavits relied on for the motion.
11Counsel will not be directed to produce a Procedural Order at this time.
12There will not be any further notice.
13I am not seized.
14It is so ordered.
“R.G.M. Makuch”
R.G.M. MAKUCH
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.