Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2023
CASE NO(S).: OLT-21-001291
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E. 27
Claimant: Clean Sheet Communications Inc.
Respondent: City of Toronto
Subject: Determination of compensation
Property Address: 425 Bloor Street (425 Bloor Street East)
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001291
OLT Lead Case No: OLT-21-001291
OLT Case Name: Clean Sheet Communications Inc. v. Toronto (City)
Heard: February 1, 2023 by Video Hearing
APPEARANCES:
Parties
Clean Sheet Communications Inc. (“Claimant”)
City of Toronto (“Respondent”/“City”)
Counsel
Isaac Tang Simon Fung
Mark Piel Nathan Muscat
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON FEBRUARY 1, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for this matter held as a video hearing.
2The Claimant seeks compensation for its interest as a Tenant of lands appropriated by the City: lands municipally known as Suite 100 at 425 Bloor Street East, Toronto, Ontario, through Expropriation Plan AT4884709 (“subject lands”).
3Counsels provided an update of the appeal and the progress of discussions. There were no meaningful discussions as yet, since witness statements have not been exchanged. The witness lists have been provided but City was finding it difficult to sit down with its experts who were engaged in other dispute matters.
4Isaac Tang, counsel for the Claimant, said that the meaningful window for settlement will be after witness statements are exchanged. Mr. Piel, counsel for the City, added that the City is prepared to mediate with the Tribunal’s assistance and concurred that the “window” will be sometime next month. Discussions will be in earnest, once witness statements are furnished.
5Counsels requested extensions of some deadlines in the Procedural Order (“PO”), in particular the February 2, 2023 deadline for exchange of witness statements. The extension will be for seven or so days, pending the City’s experts’ confirmation of availability. Once decided, this would necessitate a correction of the deadline for the reply to experts’ statements, etc. The Parties jointly requested to amend the relevant deadlines.
6The Tribunal directed counsels to agree on the relevant deadlines for witness statements exchange and replies etc., thereafter, to forward the PO changes to the case coordinator. The Tribunal directs that the revised PO be submitted within two weeks.
7In the event that the Parties’ discussions lead to a resolution of the matter, counsels confirmed that they will inform the Tribunal to release hearing dates at the earliest opportunity.
8The seven (7)-day Hearing previously fixed from Monday, April 3, 2023 to Thursday, April 13, 2023 by video hearing remains as scheduled.
9The Claimant filed and served an Amended Statement of Claim (“ASC”) on January 30, 2023. Mr. Piel, counsel for the City, noted that the ASC changed the Claimant’s name from ‘Cleansheet’ to “Clean Sheet” (with a space in between those words). He confirmed that the City consents to and has no issue to the name change. He added that to the extent that an amendment of the statement of claim and the service of the same, the City is not disputing the service of the document. The City reserves its right to file a reply to the ASC as provided for under the Rules of Civil Procedure.
ORDER
10The Tribunal orders as follows:
a. The Parties are to forward a revised Procedural Order to the Case Coordinator on or before February 15, 2023.
b. The revised PO shall govern the proceedings.
11The Member is not seized.
12The Tribunal so orders.
“T.F. Ng”
T.F. NG 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.