Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2022
CASE NO(S).: OLT-22-002732 (Formerly LC210004)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants: Mary A. Corbett, Edmund P. Taylor, Linda M. Taylor
Respondent: Region of Waterloo
Subject: Land Compensation
Property Address/Description: 350 and 352 Franklin Boulevard
Municipality/Region: City of Cambridge/Region of Waterloo
OLT Case No.: OLT-22-002732
Legacy Case No.: LC210004
OLT Lead Case No.: OLT-22-002732 Legacy Lead Case No.: LC210004
OLT Case Name: Corbett v. Waterloo (Region)
Heard: September 21, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Edmund Patrick Taylor, Mary Alma Corbett and Linda Margaret Taylor (“Claimants”) | John Doherty Johnathan Minnes |
| Region of Waterloo (the "Respondent") | Richard Brookes Sean Foran |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION AND CONTEXT
1The Tribunal convened this Case Management Conference (“CMC”) pursuant to s. 26(b) of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended to discuss scheduling the hearing of the Claimants for compensation arising out of an expropriation in part by the Respondent as of July 4, 2014.
2The Subject Properties, prior to the expropriation, was comprised of three contiguous parcels of vacant land with a combined site area of 6.886 acres, located on the west side of Franklin Boulevard between Main Street and McLaren Avenue, in the City of Cambridge.
3The combined site has an irregular configuration, with a moderately sloping topography from north to south, with corner exposure at the intersection of Main Street and Franklin Boulevard and the intersection of McLaren Avenue and Franklin Boulevard. All necessary municipal services for development purposes were available to the Subject Properties at the effective date. The general area is characterized by existing low rise commercial plazas surrounded by established residential neighbourhoods to the south and west, with industrial uses to the north, and future development land to the east.
MEDIATION
4The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in mediation. Counsel indicated that they are encouraged by the ongoing dialogue and that they would like those discussions to continue. The Tribunal reminded the Parties that Tribunal-assisted mediation is available to them, and that should they reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER, AND ISSUES LIST
5The Tribunal canvassed the Parties as to the number and areas of expertise of their intended witnesses for the hearing. Counsel for each Party indicated that they expect to call 14 witnesses in total to address issues relating to engineering, traffic, environmental matters, appraisal and factual based information.
6On the request of counsel, the Tribunal looked to November 2023, as a possible timeframe for the hearing. Based on the expected number of witnesses, and the video hearing format, the Tribunal determined that it would be reasonable to schedule the hearing for 14 days.
7The Tribunal advised counsel that the hearing time is scheduled tentatively and is subject to change based on the number of issues resolved, the review of the Procedural Order (“PO”), including Issues List, and any resolved issues if the Parties were to seek Tribunal-led mediation.
8The Tribunal directs counsel to provide the Case Coordinator with any information that may reduce the time allotted for the hearing of the merits.
9The Tribunal also directs counsel to ensure that the PO includes submission of a hearing plan at least thirty days prior to the scheduled hearing.
ORDER
10The Tribunal orders that the hearing is scheduled to commence at 10 a.m. on Monday, November 20, 2023, for 14 days. The Tribunal will not sit on November 27 and 28 due to Tribunal professional development meetings.
11The Parties shall provide, on or before Friday, November 25, 2022, the draft PO and Issues List to the assigned Case Coordinator.
12The Parties 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://global.gotomeeting.com/join/519389173
Access code: 519-389-173
13Parties 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
14Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The access code is: 519-389-173.
15Individuals 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.
16This Member may assist with case management, however, is not seized of the hearing.
17No further notice of the hearing is required.
“D. Chipman”
D.CHIPMAN 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.