Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 01, 2023
CASE NO(S).: OLT-22-004565
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Nivas Developments Ltd.
Respondent: Municipality of Grey Highlands
Description: Determination of compensation
Property Address: Part 1, 2 and 3 on Expropriations Act Expropriation Plan of Lot 101, Concession 1 N.E.T.S.R.
Municipality: Municipality of Grey Highlands
OLT Case No.: OLT-22-004565
OLT Lead Case No.: OLT-22-004565
OLT Case Name: Nivas Developments Ltd. v. Grey Highlands (Municipality)
Heard: November 1, 2023, by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Nivas Developments Ltd. (“Claimant”)
Oleg Roslak
The Corporation of the Municipality of Grey Highlands
Edward Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NOVEMBER 1, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing Event was the fourth Case Management Conference (“CMC”) in this Arbitration brought under Section 26(1) of the Expropriations Act. On October 18, 2023, the Parties attended before this Member on the return of the third CMC. On the basis that negotiations were continuing, and that Mr. Rosulak would recommend Tribunal-led Mediation to his client, the Tribunal adjourned the third CMC to this date.
2Upon attendance this date, both Counsel advised the Tribunal that at 8:48 am before the Hearing, the terms for the settlement of this claim had been agreed to. In response to the Tribunal’s inquiry, both Counsel confirmed that the settlement was comprehensive and inclusive of the compensation claimed, statutory interest and costs. At the Tribunal’s request, Counsel undertook to send the Tribunal’s Case Coordinator a signed Consent to an Order dismissing this Arbitration without costs as soon as the settlement agreement has been signed.
ORDER
3THE TRIBUNAL ORDERS THAT Counsel for the Parties provide the Tribunal’s Case Coordinator with their respective clients’ signed Consent to an Order dismissing this Arbitration without costs as soon as the settlement agreement has been signed, and, in any event, by December 11, 2023.
4This Member is not seized.
5This is the Order of the Tribunal.
“Robert G. Ackerman”
ROBERT G. ACKERMAN 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.