Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 20, 2022
CASE NO(S).: OLT-21-001186
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: My Place on 7 Inc.
Respondent: Regional Municipality of York
Subject: Land Compensation
Property Address/Description: 4850 Highway 7
Municipality: City of Vaughan
OLT Case No.: OLT-21-001186
OLT Lead Case No.: OLT-21-001186
OLT Case Name: My Place on 7 Inc. v. York (Regional Municipality)
Heard: September 15, 2022 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
My Place on 7 Inc. (“Claimant”)
S. Rayman / L. Cummings
Regional Municipality of York (“Region”)
F. Sperduti / S. Fung
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON SEPTEMBER 15, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal at a second Case Management Conference (“CMC”) considered differing versions of a draft Procedural Order (“PO”) and a request to set a hearing date on the merits.
2For the reasons set out below, the Tribunal gave directions for the finalization of the draft PO and set a 10 day hearing on the merits for December 4, 2023.
DECISION
3At the first CMC on April 28, 2022, the Tribunal, differently constituted, directed the preparation and submission of the Claimant’s Statement of Claim and also gave this direction with regard to this (second) CMC in paragraph 18:
18The Tribunal determines that it is prudent to schedule a second CMC. With the consent of both parties, a CMC is scheduled for Thursday September 15, 2022. The Tribunal fully expects that the parties will submit a PO on consent prior to this CMC. At that time, the Tribunal will consider this matter’s status, approve the PO, and appoint a time for hearing of arbitration.
4The Statement of Claim was filed, but there was, however, no agreement between the parties with regard to the details of the draft PO.
5The Claimant provided its draft PO (Exhibit 3) which in effect requested that the Tribunal:
a. Not fix a date for the exchange of Witness Lists;
b. Not fix a date to attend mediation;
c. Not fix a date to exchange Witness Statements;
d. Not fix a date to respond to Witness Statements; and
e. Not fix a date for experts to meet.
6Rather counsel for the Claimant, based on the fact that his client had been required to file its Statement of Claim, sought to postpone all these events until after a proposed third CMC, which would enable the Claimant additional time to inter alia retain its expert witnesses.
7Counsel for the Region sought to have a hearing date set, and had provided its draft PO (Exhibit 5) which contained fixed dates for all the above referenced events.
8Additionally at the CMC, the Region, responding to the concerns of timing by the Claimant, presented an alternative scheduling chart for a draft PO (Exhibit 7), which would allow additional time for the preparation of Witness Statements etc., but maintained its request for setting a hearing date on the merits.
9The Tribunal notes that: the expropriation took place in 2018; the expropriation consisted of the taking of a permanent easement and two temporary easements; and that it appears the Regional work has been completed.
10The Tribunal’s issued decision of May 12, 2022 arising out of the first CMC, notes “…This matter has languished for an extended period of time…”.
11That decision required the filing of the Statement of Claim pursuant to Rule 26.8 of the Tribunal’s Rules of Practice and Procedure (“Rules”), but also that decision expected the parties to submit a draft PO on consent prior to this CMC.
12This panel of the Tribunal concurs that this matter has languished. While the Statement of Claim has been filed, there is no agreement on the draft PO.
13S. 12(2) of the Ontario Land Tribunal Act 2021 provides that the Tribunal shall in respect of each proceeding adopt any practices and procedures provided for in the Rules or that are otherwise available to the Tribunal that in its opinion offer the best opportunity for a fair, just and expeditious resolution of the merits of the proceeding.
14The Tribunal finds that it would be appropriate to set a hearing date on this matter and it finds that it would be appropriate to allow additional time in the PO scheduling to assist the Claimant.
15Therefore the Tribunal sets a 10 day hearing for December 4, 2023 commencing at 10 a.m. by VH.
16Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
17Parties 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 at: https://app.gotomeeting.com/home.html
18Persons 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 lin: Audio-only telephone line:+1 (647) 497-9391 or (Toll-Free) 1(888) 455-1389. The access code is 909-787-981.
19Individuals 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 hearing 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.
20There will be no further notice
21I am not seized.
22With regard to the draft PO, the Tribunal tasked counsel for the Region to:
a. Forthwith submit to the Tribunal’s Case Coordinator the outstanding Exhibit 7;
b. To revise Exhibit 5 to include the 10 day hearing set out above;
c. To revise Exhibit 5 to utilize the schedule of dates outlined in Exhibit 7;
d. To revise Exhibit 5 to require that a draft Hearing Plan be provided to the Tribunal at least 45 days in advance of the hearing date; and
e. With the consent of counsel for the Claimant, to provide the revised Exhibit 5 to the Tribunal’s Case Coordinator for the consideration by the Tribunal.
23The revised draft PO has now been submitted with the consent of the parties and is appended to this Decision as Attachment 1 and forms part of this Decision.
24This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
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.
ATTACHMENT 1