Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 15, 2022
CASE NO(S).:
OLT-22-002698
(Formerly LC200034)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended
Claimants:
Far Out Flicks
Respondent:
Regional Municipality of Waterloo
Subject:
Land Compensation
Property Address:
94 Queen Street South
Municipality:
Regional Municipality of Waterloo
OLT Case No.:
OLT-22-002698
Legacy Case No.:
LC200034
OLT Lead Case No.:
OLT-22-002698
Legacy Lead Case No.:
LC200034
OLT Case Name:
Far Out Flicks v. Waterloo (Regional Municipality)
Heard:
July 27, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Far Out Flicks
Michael Paiva
Regional Municipality of Waterloo
Alyssa Armstrong (Sean Foran in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON AUGUST 30, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in relation to a proceeding commenced under subsection 26(b) of the Expropriations Act1. Far Out Flicks (“Claimant”) seeks compensation from the Regional Municipality of Waterloo (“Region”/“Respondent”) for injurious affection resulting from construction and road closures associated with the Region’s light rail transit (“LRT”) project.
2By way of an update, the Parties advised that although the required pleadings have been exchanged, undertakings and refusals have yet to be completed. While the Parties remain open to settlement, they anticipate requiring a hearing on the merits and provided a detailed overview of their anticipated witness lists in support of their request that the Tribunal set nine days aside for same. The Parties further advised that they are currently working toward finalizing a draft Procedural Order and Issues List and anticipate submitting same on consent for the Tribunal’s review and approval in short order. The Parties are directed to do so no later than September 20, 2022.
3The Tribunal scheduled a nine-day video hearing, which will commence at 10 a.m. on Monday, August 28, 2023. The Parties should note that the Tribunal will not sit on Monday, September 4, 2023, in observance of Labour Day.
4Parties 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/687587165
Access Code: 687-587-165
5Parties 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.
6Persons 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 687-587-165.
7Individuals 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.
8The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
9There will be no further notice and this Member is not seized, but may be available for case management should scheduling permit.
10It is so ordered.
“S. Braun”
S. Braun
MEMBER
Ontario Land Tribunal
Website: www.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.
Footnotes
- R.S.O. 1990, c. E. 26, as amended.