Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 13, 2023
CASE NO(S).:
OLT-22-004477
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant:
Dianne Bevins White and Mark White
Expropriating Authority:
Ministry of Transportation
Subject:
Determination of compensation
Property Address:
19037 The Gore Road
Municipality/UT:
Caledon/Peel
OLT Case No:
OLT-22-004477
OLT Lead Case No:
OLT-22-004477
OLT Case Name:
White v. Ministry of Transportation (Ontario)
Heard:
November 17, 2023, by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Dianne Bevins White and Mark White (“Claimants”)
Leah Cummings
Ministry of Transportation (“Respondent”)
Robert B. Lawson Jacob Eidinger
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NOVEMBER 17, 2023 AND ORDER OF THE TRIBUNAL
1This hearing event is the second Case Management Conference (“CMC”) conducted in this Claim brought under the Expropriations Act for compensation and damages arising from the expropriation of a portion of the lands owned by the Claimants in the Town of Caledon.
2The first CMC was conducted on February 7, 2023, by Vice-Chair David L. Lanthier. At the first CMC, a Procedural Order was granted and subsequently issued on April 6, 2022. A five-day Video Hearing was ordered to commence on Monday, January 22, 2024 at 10a.m.
3The Parties were ordered to prepare and file a draft Hearing Plan with the Tribunal on or before November 13, 2023.
4A TCC Status Hearing was also directed to commence on November 17, 2023 at 9 a.m. The purpose of the Status Hearing was to review the Parties’ draft Hearing Plan and to address any other outstanding matters relating to the Hearing.
5A draft Hearing Plan was submitted prior to the CMC and Status Hearing. Both Counsel advised the Tribunal that they were content with the draft Hearing Plan filed. The Tribunal therefore orders and directs that the Hearing proceed in accordance with the Hearing Plan attached hereto as Schedule “A”.
6In response to the Tribunal’s inquiry, both Counsel advised the Tribunal that this claim is scheduled for Tribunal-led Mediation on Tuesday, January 9, 2024. Counsel were directed to advise the Tribunal’s Case Coordinator forthwith if terms for settlement are reached at the Mediation.
7Both Counsel advised the Tribunal that there were no other outstanding issues, which they required to be addressed and that, in the event that the Mediation is not successful, the Parties will be ready to proceed with the five-day Video Hearing commencing on Monday, January 22, 2024.
ORDER
8THE TRIBUNAL ORDERS that the Hearing proceed in accordance with the Hearing Plan attached hereto as Schedule “A”.
9This Member is not seized.
“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.
SCHEDULE A
HEARING PLAN
OLT-22-004477
Dianne Bevins White and Mark White v His Majesty the King in Right of the Province of Ontario, as represented by the Minister of Transportation
January 22 – 26, 2024
MONDAY
January 22, 2024
TUESDAY
January 23, 2024
WEDNESDAY
January 24, 2024
THURSDAY
January 25, 2024
FRIDAY
January 26, 2024
Preliminary Motions, if any and Opening Statements
D. White – Examination in Chief
I Tilley – Cross- Examination
G. Crowder– Examination in Chief
Closing Submissions of the Claimants
M. White – Examination in Chief
D. White – Cross-Examination /re-examination
I Tilley – Cross-Examination/Re-examination
G. Crowder – Examination in Chief
Closing Submissions of the Respondent
LUNCH
M. White – Examination in Chief / Cross-examination
I. Tilley – Examination in Chief
R. Grittani – Examination in Chief
G. Crowder – Cross-Examination
M. White – Cross-Examination/ Re-examination
I. Tilley – Examination in Chief
R. Grittani – Cross-Examination/Re-Examination
G. Crowder – Cross-Examination/ Re-examination
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