Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 31, 2023

CASE NO(S).: OLT-22-002690 Formerly: LC190005

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27.

Claimant: 889445 Ontario Inc.

Respondent: Regional Municipality of Waterloo

Subject: Determination of compensation

Description: For determination by the Tribunal of the compensation to be paid by Waterloo Region

Property Address: 209 Pinebush Road

Municipality/UT: Waterloo/Waterloo

OLT Case No: OLT-22-002690

Legacy Case No: LC190005

OLT Lead Case No: OLT-22-002690

Legacy Lead Case No: LC190005

OLT Case Name: 889445 Ontario Inc. v. Waterloo (Region)

Heard: October 13, 2023 by Telephone Conference Call (“TCC”)

APPEARANCES:

Parties Counsel

889445 Ontario Inc. David Thrasher (“Claimant”)

Regional Municipality of Waterloo (“Respondent”) Richard Brookes

MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON OCTOBER 13, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal held a Status Hearing (“SH”) in this Arbitration Proceeding on the aforementioned date. The Claimant is a tenant in a commercial plaza located at the intersection of Franklin Boulevard and Pinebush Road in the City of Cambridge, from which it operates a Tim Hortons Restaurant and drive-thru. On July 4, 2014, the Respondent acquired a portion of the plaza lands in fee simple by registration of a Plan of Expropriation. The purpose of the taking was to facilitate the conversion of the Franklin-Pinebush intersection from a traditional signalized intersection to a roundabout. The Claimant seeks damages pursuant to the Expropriations Act for disturbance, business losses and injurious affection.

2The SH was the first Hearing event in this Arbitration notwithstanding that the Notice of Arbitration and Statement of Claim had been filed on March 28, 2019. As a result, a Procedural Order (“PO”) has not been made, and neither has a timeline for the completion of the required pre-Hearing steps. Counsel advised the Tribunal that Examinations for Discovery have been completed and that they wished to set a date for a four-day Hearing on the Merits.

3Following consultation respecting the Tribunal’s calendar and the availability of the Parties, Counsel and Witnesses, a four-day Hearing on the Merits, by Video Hearing (“VH”) was agreed upon, to commence upon Tuesday, September 17, 2024 and to conclude upon Friday, September 20, 2024.

4For the purposes of establishing a PO, Timeline, Issues List, Preliminary Hearing Plan, and Mediation Assessment, the Tribunal set a Case Management Conference (“CMC”) for Tuesday, November 14, 2023 by Telephone Conference Call (“TCC”).

ORDER

CASE MANAGEMENT CONFERENCE

5A one-hour Case Management Conference has been scheduled to proceed by Telephone Conference Call on Tuesday, November 14, 2023 from 2:00 PM to 3:00 PM.

6Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this file.

7The Tribunal directs Counsel to confer and to file a draft PO, Timeline, IL, and draft Hearing Plan with the Case Coordinator by November 07, 2023.

HEARING ON THE MERITS

8The Merit Hearing is scheduled to proceed by video at 10 a.m. on Tuesday, September 17, 2024, and to conclude at 5:00 p.m. on Friday, September 20, 2024.

9Parties and Participants are asked to log in to 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/660145013

Access code: 660-145-013

10Parties 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

11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 660-145-013.

12Individuals 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.

13There will be no further notice of the CMC.

14There will be no further notice of the Hearing on the Merits.

15This Member is not seized.

16This is the Order of the Tribunal.

“Robert G. Ackerman”

ROBERT G. ACKERMAN 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.