Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 10, 2023
CASE NO(S).:
OLT-21-001498
PROCEEDING COMMENCED UNDER section 26(b) of the Expropriations Act, R.S.O. 1990, c. E. 27
Claimant:
York Professionals Inc.
Respondent:
Regional Municipality of York
Subject:
Determination of compensation
Description:
Determination of compensation
Property Address:
567 Davis Drive
Municipality/UT:
Newmarket/York
OLT Case No.:
OLT-21-001498
OLT Lead Case No.:
OLT-21-001498
OLT Case Name:
York Professionals Inc. v. York (Regional Municipality)
Heard: December 14, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
LC York Professionals Inc.
(“Claimant”)
Conner Harris
Regional Municipality of York (“Region”)
Frank J. Sperduti
Michael Grant
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON DECEMBER 14, 2022 AND ORDER OF THE TRIBUNAL
1Following an unsuccessful attempt at mediation, and with the absence of a Procedural Order filed on a consent basis, in order to move this Expropriation proceeding forward for the purposes of case management, this Status Hearing and Case Management Conference (“CMC”) was scheduled by the Tribunal with Notice forwarded on October 28, 2022.
2It is noted that although this Decision and Order relates to the above-captioned proceeding, it also provides binding case management directives to the extent indicated with respect to Tribunal Case File No. 21-001306, as indicated below. Due to the absence of any prior indication of an intended motion for consolidation of this proceeding with another proceeding before the Tribunal, no notice was provided to counsel for the claimant in this separate file with respect to this Status Hearing/CMC. Notice of the scheduling of the Motion and the outcome of the Status Hearing/CMC was, however, communicated to counsel for the claimant in the second proceeding. In order to ensure that there is no prejudice to the claimant in this second Proceeding, or lack of due process, in the event the scheduled date for the hearing of the Motion referred to herein gives rise to any difficulty or concern for the Claimant in this other matter, a request can immediately be made by Ms. Ava Kanner on behalf of that claimant to have counsel for all three parties attend before the Tribunal for a Telephone Conference Call at the earliest opportunity.
3It is noted that prior to the CMC the Claimant provided a draft Procedural Order to the Tribunal and the Region for the purposes of discussion but due to the matter of the Motion to Consolidate, the Procedural Order was not reviewed.
MOTION TO CONSOLIDATE
4Despite sufficient time having elapsed since the parties were advised of the Status Hearing/CMC, the Region waited until this hearing event to advise of its intent to bring a motion to obtain an order that this proceeding and a second expropriation claim before the Tribunal in Tribunal Case File No. 21-001306 be consolidated and/or heard together or one after the other (“Motion”). The Claimant in the within proceeding is the Tenant of the subject property and the Panel is advised that the Landlord/Owner of the subject property is the claimant in the second proceeding. Different counsel act for each of the two claimants. The Tribunal is advised that both claimants oppose the Region’s request to have the two proceedings consolidated or heard together.
5Upon the information provided, the Tribunal agrees with counsel for the Claimant that this issue of consolidation could have been addressed before now. Despite that reality, the issue of the consolidation of the two proceedings must nevertheless sensibly be dealt with before scheduling and final drafts of procedural orders are in place. Accordingly, for effective case management of both proceedings, if they are to be addressed in a consolidated fashion, the Tribunal cannot accede to the Claimant’s request for immediate hearing dates or the issuance of a Procedural Order at this time until such time as the Motion is heard and determined.
6The Tribunal has, however, scheduled the Motion at the earliest possible date. The parties, and Ms. Tanner, were advised later on the day of this CMC, that the hearing of the Region’s Motion to Consolidate was set for a Video Hearing on Wednesday, February 8, 2023, and the Region was directed to ensure that the Motion materials were prepared and filed to accommodate this date.
7Counsel was also advised by the Tribunal to immediately communicate with counsel for the Landlord, Ms. Ava Kanner, to apprise her of the outcome of this morning’s status hearing/CMC and the Tribunal’s intent to proceed with case management of both files dependent upon the outcome of the Motion.
8The Region’s Motion to consolidate this proceeding with the claim that is also before the Tribunal by the Landlord Hongs International Group Limited in the Tribunal’s File No. OLT-21-001306, will be conducted as a video hearing and will commence at 10 a.m. on Wednesday, February 8, 2023.
HEARING
9Parties and participants 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.
10The hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/638422541
Access Code: 638 422 541
11Persons 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 as indicated above.
12Parties 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
13Individuals 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.
14There will be no other notice and the Panel is not seized for the purposes of the Motion or any further case management.
FURTHER CASE MANAGEMENT
15Without limiting the discretion of the presiding Panel at the Motion, it is the intention of the Tribunal to immediately proceed to further case management and scheduling of this proceeding, and the second proceeding in Tribunal Case File No. 21-001306, immediately following, and dependent upon, the determination and outcome of the Motion. To that end:
(a) The Region is directed to respond to each of the Claimants in regard to the form and content of the proposed Procedural Order in each proceeding in order to expedite the issuance of the Procedural Orders and if possible, counsel are to submit draft Procedural Orders to the Tribunal for review and approval as soon as possible.
(b) If there is any dispute as to the form and content of the Procedural Orders, a further CMC will be scheduled and counsel are to serve and file with the Parties and the Tribunal, a written outline regarding a Party’s position on any matter in dispute with respect to the Procedural Orders not less than five days prior to any further CMC to be scheduled by the Tribunal.
(c) Counsel are to attend the next CMC in this proceeding (and if so directed by the presiding Panel at the Motion, in Tribunal Case File No. 21-001306) prepared to speak to the scheduling of the hearing of the merits of the proceeding.
DIRECTIVES
16The Tribunal so Orders and provides these CMC directives for the purposes of the case management of this Proceeding and, only to the extent indicated, for the purposes of the proceeding in Tribunal Case File No. 21-001306.
“David L. Lanthier”
DAVID L. LANTHIER
VICE CHAIR
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.