Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 08, 2022
CASE NO(S).: OLT-21-001603 (Formerly LC180019)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: The Healthy Butcher Inc.
Respondent: Metrolinx
Subject: Land Compensation
Property Address/Description: 298 Eglinton Ave. W.
Municipality: City of Toronto
OLT Case No.: OLT-21-001603
Legacy Case No: LC180019
OLT Lead Case No.: OLT-21-001603
Legacy Lead Case No.: LC180019
OLT Case Name: The Healthy Butcher Inc. v. Toronto (City), Metrolinx
PROCEEDING COMMENCED UNDER subsection 12(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and the Tribunal’s Rules of Practice and Procedure
Request by: Metrolinx
Request for: Motion for Discovery
Heard: June 8, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| The Heathy Butcher Inc. ("Claimant") | Al Burton |
| Metrolinx | Christel Higgs, Meagan Patry |
DECISION DELIVERED BY DAVID L. LANTHIER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1In the chronology of this claim brought by the Claimant under s. 26(b) of the Expropriations Act (the "Proceeding"), there have been numerous hearing events determining motions relating to disputes over discovery and disclosure and addressing various aspects of case management. This hearing event was postponed by Member Blair S. Taylor and has now been adjourned to this date.
2This hearing event and Decision relates to a further motion brought by Metrolinx requesting an Order of the Tribunal that the Claimant provide a further and better Affidavit of Documents inclusive of a list of nine items listed in the Notice of Motion (the "Motion"). Additional and alternative relief is sought relating to costs on the Motion, and an order barring damages and interest after January of 2020 pursuant to Rule 30.08(2)(b) of the Rules of Civil Procedure.
3As the Motion was originally returnable on March 1, 2022, the requested deadline date for the delivery of the fresh Affidavit of Documents was March 10, 2022, which has now come and gone. That date is no longer workable due to the interruptions caused by this dispute relating to the Claimant’s disclosure.
4Due to the delays, the Tribunal must, in this hearing event, also address the revised form of the Procedural Order, which provided for prehearing filing dates based upon the now-scheduled hearing of the proceeding on September 13, 2022 and the expectation that there would be time for the completion of discovery and productions before the commencement of the hearing. That is no longer workable.
MATERIALS ON THE MOTION
5For the purposes of hearing the Motion, the Panel has before it the following materials:
- The Motion record filed by Metrolinx with the Notice of Motion dated February 11, 2022, inclusive of the Affidavits referred to below;
- Filed by Metrolinx, the Affidavit of Mr. Jeffrey Tam affirmed February 14, 2022, with Exhibits A to Q supporting Metrolinx’s Motion;
- Filed by Metrolinx, the additional Affidavit of Glenn Tautrims affirmed February 14, 2022,