Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2023
CASE NO(S).: OLT-22-002529 OLT-22-002934 OLT-22-002944 OLT-22-002945
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: City of Mississauga Respondent: Metrolinx Subject: Determination of compensation Description: For determination by the Tribunal of the compensation to be paid by Metrolinx Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-002529 OLT Lead Case No: OLT-22-002529 OLT Case Name: Mississauga (City) v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: International Business Park Ltd. Respondent: Metrolinx Subject: Determination of compensation Description: For determination by the Tribunal of the compensation to be paid by Metrolinx Property Address: Southside of Matheson Boulevard East at Commerce Boulevard Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-002934 OLT Lead Case No: OLT-22-002934 OLT Case Name: International Business Park Limited v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: UBE Airport Developments Limited Respondent: Metrolinx Subject: Determination of compensation Description: For determination by the Tribunal of the compensation to be paid by Metrolinx Property Address: East Side of Citation Place on Southside of Matheson Blvd East Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-002944 OLT Lead Case No: OLT-22-002944 OLT Case Name: UBE Airport Developments Limited v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Bradgate Investments Limited Respondent: Metrolinx Subject: Determination of compensation Description: For determination by the Tribunal of the compensation to be paid by Metrolinx Property Address: 2950 Citation Place, Mississauga Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-002945 OLT Lead Case No: OLT-22-002945 OLT Case Name: Bradgate Investments Limited v. Metrolinx
Heard: October 17, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Mississauga ("Claimant") | Shane Rayman, Brynn Leger |
| International Business Park Ltd. ("Claimant") | No one appearing |
| UBE Airport Developments Limited ("Claimant") | No one appearing |
| Bradgate Investments Limited ("Claimant") | No one appearing |
| Metrolinx ("Respondent") | Ian Mathany |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON OCTOBER 17, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Hearing of these four claims for compensation is scheduled for five days to begin on November 20, 2023. The Respondent expropriated interests in the subject properties on November 2, 2020, for the Eglinton Crosstown West Extension Project. The properties are located in the eastern area of Mississauga, south of Hwy 401 and west of Renforth Road and Eglinton Avenue West. This Pre-Hearing Conference (“PHC”) was ordered on the consent of all Parties as a provision of the Procedural Order (“PO”) issued on December 19, 2022.
2Upon the commencement of the PHC, counsel for the Respondent advised the Tribunal that the claims in OLT Case Nos. OLT-22-002934, OLT-22-002944 and OLT-22-002945 have been settled and that consents to Orders dismissing these three claims will be forthcoming. However, an issue creating an impasse has arisen between counsel for the Claimant, City of Mississauga, and counsel for the Respondent, in OLT Case No. OLT-22-002529, respecting claims of privilege for the terms of the three settlements, and that as a result all issues remain in dispute and a hearing on the merits will likely be required. Counsel advised the Tribunal that the five-day hearing will be required as the Claimant intends to call four witnesses and the Respondent three witnesses.
3The Tribunal offered the Parties Tribunal-led Mediation, which both counsel declined as there was little time remaining before the hearing date. They advised the Tribunal that, as the Claimant and the Respondent are both public bodies, they will continue to engage with the goal of settling the claim prior to the hearing.
4Counsel advised that the September 15, 2023, deadline for the filing of an Agreed Statement of Facts (“ASF”) had been exceeded because the Parties’ experts had been unable to reach a consensus, and counsel requested an extension of the deadline to November 8, 2023. As the request was on consent, the Tribunal ordered the amendment to paragraph 16 of the PO whereby the deadline for filing the ASF is now November 9, 2023.
5As counsel advised the Tribunal that there were no further matters for the Tribunal to address, the five-day hearing on the merits beginning on November 20, 2023, was confirmed and the Pre-Hearing Conference was concluded.
ORDER
6THE TRIBUNAL ORDERS THAT the second paragraph of paragraph 16 of the Procedural Order issued December 19, 2022, is amended as follows:
Expert witnesses in the same field shall have a meeting on or before Monday, August 14, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Wednesday, November 8, 2023.
7This Member is not seized.
“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.