Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 13, 2022

CASE NO(S).: OLT 21-001603

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, LC180019

OLT File No.: OLT 21-001603, LC180019

OLT Case Name: The Healthy Butcher Inc. v. Toronto (City), Metrolinx

Heard: January 10, 2022 by telephone conference call

APPEARANCES:

Parties	Counsel
The Healthy Butcher Inc. (Claimant”)	A. Burton
Metrolinx	C. Higgs

MEMORANDUM OF ORAL DECISIION DELIVERED BY BLAIR S. TAYLOR ON JANUARY 10, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal held a Case Management Conference (“CMC”) to obtain a status update with regard to a claim for compensation arising pursuant to the Expropriations Act.

2For the reasons set out below, the Tribunal set the date of Tuesday, March 1, 2022 for a further status update by CMC, cancelled the 10 day hearing set to commence on Tuesday, March 1, 2022, set a 9 day hearing to commence on Tuesday, September 13, 2022, and reserved a costs request by Metrolinx to the Member hearing the matter on its merits.

DECISION

3At the request of Metrolinx, the Tribunal had held an urgent CMC on December 2, 2021 as it was alleged that the Claimant had failed to comply with the Tribunal’s Procedural Order and that the Claimant had advised that it had additional documents that it intended to produce, when productions were to have been completed on or before September 20, 2021.

4At that time the Tribunal had directed that the Claimant provide its desired production on or before December 17, 2021 and that Metrolinx would have until January 3, 2022 to review that production, and then the Tribunal would deal with the matter at this CMC.

5The Claimant’s production was not effected on or before December 17, 2021.

6Counsel for the Claimant advised that for personal health reasons and some of his staff, he was not able to do so, but he did make some production late on Friday, January 7, 2022, and that he expected to have more he could provide this week.

7Counsel for Metrolinx acknowledged that some materials had been received late on Friday, January 7, 2022 but on her review (and confirmed by the submissions from counsel for the Claimant) there appeared to be more to come, and she was not in a position to know if a further affidavit of documents and further examinations would be required, when that all might happen, and most importantly in her view that all the procedural requirements were not in place to allow this matter to proceed to a hearing on the merits on March 1, 2022, and also that her client’s costs request should be addressed.

8The Claimant’s counsel did not disagree with the procedural submissions from Metrolinx. With regard to the hearing on the merits, he suggested that a date in the Fall of 2022 might be appropriate. With regard to costs, he disagreed that they had been thrown away and submitted that costs be left to the hearing on the merits.

9The Tribunal having heard and considered the submissions of counsel, agreed that this matter was not ready to proceed to a hearing on the merits as the Procedural Order had directed production of documents be completed by September 20, 2021, that the experts’ reports to be exchanged on November 3, 2021, none of which had been completed as of yet, and that there was now some new production being made.

NEW CMC

10The Tribunal set Tuesday, March 1, 2022 commencing at 10 a.m. for a further CMC and status update by Video Hearing (“VH”).

11There will be no further notice.

12I am not seized.

HEARING CANCELLED

13Having set the CMC, the Tribunal cancelled the 10 day hearing on the merits set to commence on Tuesday, March 1, 2022.

NEW HEARING DATE

14Further the Tribunal set a 9 day hearing commencing at 10 a.m. on Tuesday, September 13, 2022 by VH.

VIDEO HEARINGS

[15] The hearings are scheduled to proceed by video as follows: Tuesday, March 1, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access code: 519-389-173 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 519-389-173

Tuesday, September 13, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 909-787-981

16Parties and participants 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.

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: 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 line.

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. There will be no further notice.

20I am not seized.

DIRECTIONS

21The Tribunal also provided the following directions:

a. Counsel for the Claimant will forward the further production to counsel for Metrolinx on or before Friday, January 14, 2022;

b. In light of the further production, counsel will work co-operatively to prepare a revised draft Procedural Order and provide it to the Tribunal’s Case Coordinator on or before Thursday, February 24, 2022, for consideration at the CMC on Tuesday, March 1, 2022;

c. Counsel will provide a status update at the CMC on Tuesday, March 1, 2022;

d. If there are any motions, they may be dealt with at the Tuesday, March 1, 2022 CMC, and the Tribunal would remind counsel of the revised motion timing as found in the Tribunal’s Rules of Practice and Procedure.

22Metrolinx’s request for costs is reserved to the Member hearing this matter on its merits.

23This 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.