Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 21, 2023
CASE NO(S).:
OLT-23-000860
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant:
Argiro Papanagnostou
Respondent:
Metrolinx
Description:
Determination of compensation
Property Address
449 Queen Street West
Municipality:
City of Toronto
OLT Case No.:
OLT-23-000860
OLT Lead Case No.:
OLT-23-000860
OLT Case Name:
Papanagnostou v. Metrolinx
Heard:
November 9, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel
Argio Papanagnostou (“Claimant”)
Al Burton
Metrolinx (“Respondent”)
Ian Mathany
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NoVEMBER 9, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act. The claim arises out of the Expropriation of the entirety of the Claimant’s property at 449 Queen Street West, Toronto, for the construction of the south entrance to the Queen/Spadina Ontario Line Subway Station. The Respondent caused a Notice of Arbitration to be delivered on August 29, 2023. A Statement of Claim has not been delivered on behalf of the Claimant.
2In response to the Tribunal’s inquiry regarding delivery of the Statement of Claim, Mr. Burton, Counsel for the Claimant, advised the Tribunal that the Claimant has passed away and that he has been taking instructions from the Claimant’s heirs until a Personal Representative can be appointed. Mr. Burton requested an extension of the time within which a Statement of Claim must be filed, stating that the Parties have agreed to participate in a Tribunal-led Mediation prior to delivery of the Claimant’s pleading. Counsel for Metrolinx, Mr. Mathany, confirmed that the Parties intend to participate in Tribunal-led Mediation and advised that his client consents to an extension of the time within which a Statement of Claim must be filed.
3The Tribunal referred both Counsel to the Mediation provisions of Rule 26 of the Tribunal’s Rules of Practice and Procedure and directed that Counsel file a Mediation Request forthwith with the Tribunal’s Case Coordinator.
4The Tribunal ordered that this CMC be adjourned to continue on Tuesday, January 9, 2024, at 10 a.m. In the event that the terms for a settlement are reached in the meantime, Counsel are to so notify the Tribunal’s Case Coordinator and the CMC will be cancelled.
CMC CONTINUATION – JANUARY 9, 2024
5For the one-day video hearing, commencing on Tuesday, January 9, 2024 at 10 a.m., the Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/943363669
Access code: 943-363-669
6Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1 888 299 1889 or +1 (647) 497-9373. The access code is same as mentioned above.
8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9This Member will case manage this proceeding.
ORDER
10THE TRIBUNAL ORDERS THAT this CMC is adjourned to continue by VH on Tuesday, January 9, 2024 at 10 a.m.
“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.