Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 04, 2022
CASE NO(S).: OLT-22-002385
(Formerly) LC190027
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Appellant: 536555 Ontario Ltd. and Emros Developments Corp.
Subject: Determination of compensation
Property Address: 747 Richmond Road
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-22-002385
Legacy Case No.: LC190027
OLT Lead Case No.: OLT-22-002385
Legacy Lead Case No.: LC190027
OLT Case Name: 536555 Ontario Ltd. & Emros Developments Corp. v. Ottawa (City)
Heard: May 30, 2022 by video hearing
APPEARANCES:
Parties
Counsel
City of Ottawa
F. Sperduti and S. Fung
536555 Ontario Ltd. and
S. Foran and A. Sinclair
Emros Developments Corp.
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON MAY 30, 2022 AND ORDER OF THE TRIBUNAL
1The landowners had requested a hearing by the Tribunal under s. 26(b) of the Expropriations Act on the issue of compensation for land at 747 Richmond Road expropriated by the City of Ottawa (“City”). Two Case Management Conferences (“CMC”) have already been held. The latest decision of May 25, 2021 had set a hearing date of July 11, 2022 for a 15-day hearing.
2The Parties had proceeded with hearing preparation, agreeing to a timetable for the preliminary matters. The Claimants had examined for discovery the appraiser for the City, Michael Crofts. He had provided undertakings to respond to the owners’ questions by a certain date, but that date was not met. The Claimants then brought a Motion to seek the responses, so that they could prepare expert reports. The Tribunal set May 30, 2022 to hear the Motion (although this purpose was not clarified in the Notice of Telephone Conference Call).
3Essentially, the previous timeframes for filing cannot now be met. The issues raised in the Motion will now be dealt with by the Parties in due course, if necessary. The Tribunal was notified that the Parties might seek mediation, but they also sought a new hearing date in order to set appropriate exchange dates.
4The Tribunal has arranged the following:
- A further CMC has been set for January 10, 2023 at 10 a.m. with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 687-587-165
The exchange of appraisal reports will be February 28, 2023, with reply by March 31, 2023.
The Hearing is set for May 31 to June 20, 2023 for 15 days at 10 a.m. with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 638-422-541
5Parties and participants are asked to log into the hearing event(s) at least 15 minutes before the start of the event to test their video and audio connections.
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(s) can connect to the event(s) by calling into an audio-only telephone line with the Access Code(s) as indicated above.
8Individuals are directed to connect to the event(s) on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing event(s) to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event(s) may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9No further notice is required.
“G. Burton”
G. burton
VICE-CHAIR
“D.S. Colbourne”
d.s. colbourne
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.