Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 20, 2023
CASE NO(S).: OLT-22-002572
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Aekh Corporation Inc. et al
Respondent: Regional Municipality of York
Description: Determination of compensation
Property Address: 435 Davis Drive
Municipality/UT: Newmarket/York
OLT Case No.: OLT-22-002572
Legacy Case No.: LC190010
OLT Lead Case No.: OLT-22-002572
Legacy Lead Case No.: LC190010
OLT Case Name: Aekh Corporation Inc. v York (Region)
Heard: October 17, 2023, by Telephone Conference Call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Regional Municipality of York (“York") | Frank Sperduti |
| Aekh Corporation Inc et al (“Claimant”) | Self-represented* but did not appear |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON OCTOBER 17 2023, AND ORDER OF THE TRIBUNAL
1This Telephone Conference Call (“TCC”) was convened on October 17, 2023, in order to ascertain the status of this matter and to determine next steps.
2This is a long-standing expropriation proceeding commenced by a Statement of Claim dated December 6, 2019, which was largely resolved by minutes of settlement (“MOS”) between the Parties executed on June 21, 2021. Pursuant to the MOS, the amount of $446,112, inclusive of interest payable under the Expropriations Act, R.S.O. 1990, c. E.26 (“Act”) was paid to the Claimant by York. The Claimant also executed a full and final release of all claims against York on the same date as the MOS.
3However, under the MOS, York also agreed to pay the reasonable costs of the Claimant pursuant to section 32 of the Act (“Costs”). While details of the Costs pertaining to legal fees and experts’ fees have been provided to York since the date of the MOS, the Claimant has failed to respond to numerous communications and correspondence from York’s counsel pertaining to the resolution and payment of the Costs. In the meantime, as stated at the TCC by York’s counsel, the law firms and experts who provided services to the Claimant in respect of this matter have frequently contacted counsel for York seeking payment of the fees from York that they allege are owed by the Claimant.
4The purpose of the TCC was to assist the Parties to achieve an expeditious resolution or adjudication of the outstanding Costs matters – however, despite notice to the Claimant, no counsel or representative of the Claimant appeared at the TCC. Moreover, the Claimant has failed to respond to numerous past enquiries and correspondence from the Tribunal concerning the status of this proceeding.
5Counsel for York seeks the final resolution of all matters relating to the Costs entitlement of the Claimant and the subsequent closure of the file maintained by the Tribunal. The Tribunal of course desires to assist the Parties to resolve the Costs issues or to schedule a hearing event to adjudicate the Claimant’s Costs entitlement under the MOS and the Act. However, the Claimant continues to apparently ignore all communications from both York and the Tribunal. Counsel for York advised the Tribunal that by its determination, the Costs properly payable to the Claimant in respect of its fees for lawyers and experts comprise of $349,656.73.
6Counsel for York suggested that at an appropriate juncture, if the Claimant continues to fail to respond or cooperate, he may seek instructions to formally request that the Tribunal issue an Order directing payment of the Costs directly to each of the Claimant’s law firms and experts. At the TCC, the Tribunal declined to consider or comment on this possible future request and noted that if York was to seek such a remedy, it should do so by way of written motion pursuant to Rule 10.3 of the Tribunal’s Rules of Practice and Procedure.
7In the meantime, the Tribunal will schedule a further case management conference to be convened by TCC on Wednesday, November 29, 2023, at 9:30 a.m.
8Individual(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 case.
ORDER
9THE TRIBUNAL ORDERS THAT a further case management conference will be held by Telephone Conference Call on Wednesday, November 29, 2023, at 9:30 a.m., as noted in paragraphs [7] to [8] above.
10This Vice Chair is seized and shall remain available to assist the Parties with respect to the case management of this proceeding.
“William Middleton”
WILLIAM MIDDLETON
VICE CHAIR
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.