ISSUE DATE:
September 13, 2022
CASE NO(S).:
OLT-21-001359 OLT-21-001821
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Brant St. (Hamilton) Holdings Inc.
Respondent:
City of Hamilton
Subject:
Land Compensation
Property Address/ Description:
70 Brant Street
Municipality:
City of Hamilton
OLT Lead Case No.:
OLT-21-001359
OLT Case No.:
OLT-21-001359
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Envirosystems Inc.
Respondent:
City of Hamilton
Subject:
Land Compensation
Property Address/ Description:
70 Brant Street
Municipality:
City of Hamilton
OLT Lead Case No.:
OLT-21-001821
OLT Case No.:
OLT-21-001821
M. A. Sills
Tuesday, the 13th
VICE-CHAIR
day of September, 2022
THE TRIBUNAL, having received a joint request of the Parties that these Arbitrations be partially consolidated and heard together as it relates to the respective claims of Brant St. (Hamilton) Holdings Inc. and Envirosystems Inc. for compensation for the loss of market value of the expropriated lands (the "Market Value Claims");
AND THE TRIBUNAL being satisfied that the Arbitrations are related to the expropriation by the City of Hamilton of 70 Brant Street, and involve common facts, Parties and issues relating to the Market Value Claims and, as such, should be partially consolidated into one proceeding and heard together to ensure the just, most expeditious and least expensive determination of the Arbitrations;
THE TRIBUNAL ORDERS, pursuant to Rule 16 of the Tribunal's Rules of Practice and Procedure, and on consent of the City of Hamilton, Brant St. (Hamilton) Holdings Inc., and Envirosystems Inc., that:
The requested partial consolidation of the Arbitrations relating to the Market Value Claims (the "Consolidated Hearing") is granted;
Evidence and submissions in relation to the Market Value Claims shall be tendered in the Consolidated Hearing; and
Arbitration of the additional claims of Envirosystems Inc. shall proceed independently of the Consolidated Hearing.
"Euken Lui"
Euken Lui
ACTING 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 ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.