Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 21, 2023
CASE NO(S).: OLT-23-000725
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Roland Spiegel
Respondent: Regional Municipality of York
Property Address: 27 Vanity Crescent
Municipality/UT: Richmond Hill/York
OLT Case No: OLT-23-000725
OLT Lead Case No: OLT-23-000725
OLT Case Name: Spiegel v. York (Municipality)
Heard: November 10 and December 11, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Self-Representative*
Roland Spiegel (“Claimant”)
Self-represented*
Regional Municipality of York (“Respondent”)
Matthew Owen-King Endi Batino
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON DECEMBER 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing Event was the first Case Management Conference (“CMC”) in this Arbitration brought under Section 26(1) of the Expropriations Act (“Act”). The Respondent delivered a Notice of Arbitration dated June 23, 2023. The Claimant has not delivered his Statement of Claim, contrary to the provisions of Rule 26.9 of the Tribunal’s Rules of Practice and Procedure (“the Tribunal’s Rules”).
2This Proceeding arises as a result of two Expropriations, in which fee simple and temporary limited interests were taken by the Respondent from the Claimant’s residential property in Richmond Hill. Counsel for the Respondent, Mr. Owen-King, advised the Tribunal that the takings date from 2015 and 2018, and that the Claimant has refused to accept either of the statutory offers of compensation made under Section 25 of the Act.
3The Tribunal inquired as to the Claimant’s intentions with respect to the delivery of his Statement of Claim and he replied that he requests that the Tribunal “adjourn” this Proceeding indefinitely. The Tribunal interprets this request to be for an indefinite extension of the time within which a Statement of Claim must be filed. The Claimant stated that he was involved in motor vehicle accidents in 2009, 2011 and 2019, that he is not well, that he suffers from chronic pain and is taking prescription pain medications, and that he is expecting to have surgery scheduled. The Claimant stated that as a result he is unable to prepare his Statement of Claim and that he had medical reports confirming his condition.
4In response to the Tribunal’s inquiry Mr. Owen-King advised that the Respondent is opposed to the Claimant’s request and that it desires to have this matter proceed to a final resolution, as it has been outstanding for almost nine years. Mr. Owen-King also advised the Tribunal that he has not been provided with copies of the medical reports referred to by the Claimant. Mr. Owen-King also advised the Tribunal the Claimant has executions on file in favor of the Law Society of Ontario (“the LSO”) in the approximate sum of $175,000, a sum which, in the Respondent’s view, greatly exceeds the Claimant’s entitlement to compensation in respect of the two Expropriations. Mr. Owen-King advised that he has been in communication with the LSO and that it is his understanding that the LSO intends to claim whatever amount of compensation is determined to be payable, up to the amount due under its executions. Mr. Owen-King advised that his instructions are therefore to seek an Order that the Section 25 amounts and any additional compensation determined, be paid into Court.
5The Tribunal suggested to Mr. Spiegel that he should retain a lawyer experienced in land compensation cases, to which he replied that he is unable to do so as a result of his medical condition. The Tribunal suggested that he could easily engage expropriation counsel by performing a computer search or consulting the website of the Ontario Expropriation Association. Mr. Spiegel was very resistant to any suggestion that he could easily locate and engage Counsel and insisted that this Proceeding must be adjourned indefinitely.
6The Tribunal directed that the CMC therefore be adjourned to December 11, 2023, at 10 a.m., and directed Mr. Spiegel to provide Mr. Owen-King and the Tribunal’s Case Coordinator with copies of his medical reports and any other documents which support his request for an adjournment.
7Prior to the resumption of the CMC the Tribunal received nine documents from Mr. Spiegel. These consist of:
a. an Application for Determination of Catastrophic Impairment (OCF-19) faxed to Intact Insurance by Dr. Zatzman;
b. a letter from Intact Insurance dated November 28, 2023, regarding a medical exam under Section 44 of the Statutory Accident Benefits Schedule;
c. a referral form from Dr. Grief, a family physician and psychotherapist and a consult letter written by Dr. Khorasani-Zadeh, a psychiatrist;
d. an email from Toronto Western Hospital Shoulder & Elbow Orthopedic Clinic regarding an upcoming appointment with Dr. Veillette
e. an email from Shouldice Hospital regarding an upcoming internist appointment;
f. an appointment notification letter from University Health Network regarding an upcoming medical imaging appointment;
g. an email regarding an office consultation with Dr. Smith;
h. an email from Innercore Health and letter from Intact Insurance outlining approved payment amounts on account of Statutory Accident Benefits.
8In considering the Claimant’s request for an indefinite extension the Tribunal has reviewed and carefully considered the Claimant’s submissions and the documents he filed. These documents do confirm that the Claimant was involved in a motor vehicle accident and that he has a number of upcoming medical appointments. The Tribunal notes that the Claimant is apparently able to attend to his various medical appointments. The Tribunal also notes that there is no medical report included in the Claimant’s documents and that there is no indication therein that the Claimant is medically unable to either prepare and file a Statement of Claim or engage a lawyer to do so on his behalf.
9In response to the Tribunal’s question as to whether Mr. Spiegel has considered appointing a litigation guardian, he replied that he is mentally fit and coherent and well able to look after his claim himself. After hearing Mr. Spiegel’s submissions and arguments the Tribunal concurs.
10Rule 3.2 of the Tribunal’s Rules provide that the Tribunal may extend or reduce any time prescribed either in the Tribunal’s Rules or in an Order, either on a Motion or on the Tribunal’s own initiative. In view of the fact that the Claimant is self-represented, the Tribunal will grant an extension of the time within which he must deliver his Statement of Claim to Friday, March 1, 2024.
ORDER
11The Tribunal therefore Orders that:
a. the time prescribed in Rule 26.9 of the Tribunal’s Rules for the delivery of a Statement of Claim be extended to Friday, March 1, 2024;
b. that the Claimant is required to deliver his Statement of Claim on or before Friday, March 1, 2024.
“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.