Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 22, 2023
CASE NO(S).:
OLT-21-001706
(Formerly LC200041)
OLT-21-001777
OLT-21-001711
(Formerly LC200021)
(Formerly LC200042)
OLT-21-001778
OLT-21-001714
(Formerly LC200025)
(Formerly LC200010)
OLT-21-001744
OLT-21-001082
(Formerly LC200012)
OLT-21-001144
OLT-21-001746
OLT-21-001439
(Formerly LC200013)
OLT-21-001441
OLT-21-001747
OLT-21-001491
(Formerly LC200016)
OLT-21-001748
(Formerly LC200017)
OLT-21-001771
(Formerly LC200019)
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Yuan Peng Zhao and Chun Lan Luo
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3340D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001706
Legacy Case No.:
LC200041
OLT Lead Case No.:
OLT-21-001706
Legacy Lead Case No.:
LC200041
OLT Case Name:
Zhao, Luo v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Mahtab Mirmoezi and Shahin Shokatpour Torab
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3336C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001711
Legacy Case No.:
LC200042
OLT Lead Case No.:
OLT-21-001711
Legacy Lead Case No.:
LC200042
OLT Case Name:
Mirmoezi, Torab v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Phillip Wing-Chan Lee and Stella Pui Pui Lee
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3338C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001714
Legacy Case No.:
LC210010
OLT Lead Case No.:
OLT-21-001714
Legacy Lead Case No.:
LC210010
OLT Case Name:
Lee v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Steven White and Kathleen Shinn
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3338A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001744
Legacy Case No.:
LC210012
OLT Lead Case No.:
OLT-21-001744
Legacy Lead Case No.:
LC210012
OLT Case Name:
Shinn, White v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Jianhua Zhang
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3336B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001746
Legacy Case No.:
LC210013
OLT Lead Case No.:
OLT-21-001746
Legacy Lead Case No.:
LC210013
OLT Case Name:
Zhang v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Vinay Verma and Purti Papneja
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3338D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001747
Legacy Case No.:
LC210016
OLT Lead Case No.:
OLT-21-001747
Legacy Lead Case No.:
LC210016
OLT Case Name:
Papneja, Verma v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Dae Seong Park and Chan Ae Suck
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3336A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001748
Legacy Case No.:
LC210017
OLT Lead Case No.:
OLT-21-001748
Legacy Lead Case No.:
LC210017
OLT Case Name:
Ae Suck, Seong Park v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Xiang Ping Zhang and Hui Ling Liu
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3340C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001771
Legacy Case No.:
LC210019
OLT Lead Case No.:
OLT-21-001771
Legacy Lead Case No.:
LC210019
OLT Case Name:
Ling Liu, Ping Zhang v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Ming Ho Au Yeung, Ming Sum Au Yeung and Pui Ha Lau
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001777
Legacy Case No.:
LC210021
OLT Lead Case No.:
OLT-21-001777
Legacy Lead Case No.:
LC210021
OLT Case Name:
Au Yeung, Lau v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Fiona Miao Fu
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address:
3348C Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001778
Legacy Case No.:
LC210025
OLT Lead Case No.:
OLT-21-001778
Legacy Lead Case No.:
LC210025
OLT Case Name:
Fu v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Xiaoyan Zhou and Jiani Xi
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address/Description:
3338B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001082
OLT Lead Case No.:
OLT-21-001082
OLT Case Name:
Xi, Zhou v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Shu-Shin Shen
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address/Description:
3340B Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001144
OLT Lead Case No.:
OLT-21-001144
OLT Case Name:
Shen v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Anity Tsun-Min Chang Liao
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address/Description:
3348E Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001439
OLT Lead Case No.:
OLT-21-001439
OLT Case Name:
Chang Liao v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Yue Zhao
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address/Description:
3340A Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001441
OLT Lead Case No.:
OLT-21-001441
OLT Case Name:
Zhao v. Toronto Catholic District School Board
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Navid Mehrasa
Respondent:
Toronto Catholic District School Board
Subject:
Property Expropriation
Property Address/Description:
3336D Bayview Avenue
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001491
OLT Lead Case No.:
OLT-21-001491
OLT Case Name:
Mehrasa v. Toronto Catholic District School Board
Heard:
February 6, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Yuan Peng Zhao and Chun Lan
Denitza Koev
Luo
Mahtab Mirmoezi and Shahin
Denitza Koev
Shokatpour Torab
Phillip Wing-Chan Lee and Stella Pui Pui Lee
Denitza Koev
Steven White and Kathleen Shinn
Denitza Koev
Jianhua Zhang
Denitza Koev
Vinay Verma and
Denitza Koev
Purti Papneja
Dae Seong Park and Chan Ae
Denitza Koev
Suck
Xiang Ping Zhang and Hui
Denitza Koev
Ling Liu
Ming Ho Au Yeung, Ming Sum
Denitza Koev
Au Yeung and Pui Ha Lau
Fiona Miao Fu
Denitza Koev
Xiaoyan Zhou and Jiani Xi
Denitza Koev
Shu-Shin Shen
Denitza Koev
Anity Tsun-Min Chang Liao
Denitza Koev
Yue Zhao
Denitza Koev
Navid Mahrasa
Denitza Koev
(“Claimants”)
Toronto Catholic District School
Andrew Baker
Board (“Respondent”)
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 6, 2023 AND ORDER OF THE TRIBUNAL
1These 15 Arbitrations under s. 26(b) of the Expropriations Act arise as the result of the Expropriation of 17 residential townhouses at the northwest corner of Bayview Avenue and Cummer Avenue, in the City of Toronto (“City”), by the Toronto Catholic District School Board as part of the relocation of St. Joseph's Morrow Park Catholic Secondary School at 500 Cummer Avenue. The 15 Arbitrations had been previously Ordered to be heard together and 30 days were set aside for the Hearing on the merits, which was scheduled to begin on this date.
2On January 23, 2023, counsel for the Claimants had delivered a Motion Record returnable at the commencement of the Hearing seeking an Order striking the Reply Report of the Respondent’s Appraiser, and a Reply Witness Statement.
3On January 24, 2023, counsel for the Respondent served its own Motion Record also returnable at the commencement of the Hearing seeking an Order pursuant to Rule 22.4 of the Tribunal’s Rules of Practice and Procedure, that the Parties, their legal counsel, appraisers, and this Tribunal Member, attend a site visit of each replacement property acquired by each of the Claimants.
4Both Motions were opposed and the responding Motion Records have been delivered in each Motion.
5On January 30, 2023, counsel advised the Tribunal that resolutions had been reached for 11 of the Arbitrations, and that the Hearing on the merits would therefore concern only four of the claims. These would be:
OLT File No. OLT-21-001706 - between Yuan Peng Zhao and Chun Lan Luo as Claimants and the Toronto Catholic District School Board as Respondent;
OLT File No. OLT-21-001711 - between Mahtab Miroezit and Shanin Shokatpour Torab as Claimants and the Toronto Catholic District School Board as Respondent;
OLT File No. OLT-21-001746 - between Jianhua Zhang as Claimant and the Toronto Catholic District School Board as Respondent; and,
OLT File No. OLT-21-001082 - between Xiaoyan Zhou and Jiani Xi as Claimants and the Toronto Catholic District School Board as Respondent.
6On February 2, 2023, counsel advised the Tribunal that resolutions had been reached in a further two of the Arbitrations and that the Hearing on the merits would concern only two claims and would run for an estimated 15 days. The subject of the merit Hearing would be the determination of compensation in OLT File No. OLT-21-001711 and OLT File No. OLT-21-001082.
7On this date, about 90 minutes before the scheduled commencement of the Hearing, counsel advised that a resolution had been reached in the remaining two Arbitrations. No information was provided regarding the status of the two outstanding Motions also returnable this date. The Tribunal requested that counsel for the Parties attend as scheduled to speak to the matters.
8Counsel for the Claimants, Denitza Koev, and counsel for the Respondent, Andrew Baker, advised the Tribunal that while prior to this date resolutions had been reached in 13 of the Arbitrations, no settlement had been completed, and both agreed that all 15 Arbitrations should be adjourned sine die to provide the necessary time for counsel to consummate the resolutions agreed upon and to complete the settlements. The Tribunal requested that both counsel undertake to report to the Tribunal concerning the completion of the resolutions by June 30, 2023, at the latest.
9With respect to the two Motions, both counsel agreed that in view of the resolutions the Motions had become moot and requested that each Motion be endorsed as withdrawn on consent.
ORDER
10The Tribunal therefore Orders and Directs:
a. The 15 Arbitrations listed on Schedule “A” hereto are adjourned to a date to be determined later, if required;
b. The Claimant’s Motion for an Order striking the Reply Report and Witness Statement of the Respondent is marked as withdrawn;
c. The Respondent’s Motion for an Order pursuant to Rule 22.4 of the Tribunal’s Rules of Practice and Procedure is marked as withdrawn;
d. Counsel for the Claimants and the Respondent are directed to advise the Tribunal concerning the completion of the resolution of all claims by June 30, 2023, at the latest, and if all settlements have not been entirely completed, shall request a Case Management Conference by Telephone Conference Call on the first available date thereafter; and,
e. This Member will remain seized and will be available to provide assistance to the Parties should such be requested.
“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
OLT File No.
Claimant(s) Name
Date of Notice of Arbitration
Date of Reply
OLT-21-001706
(formerly LC200041)
Yuan Peng Zhao and Chun Lan Luo
November 17,
2020
December 28, 2020
OLT-21-001711
(formerly LC200042)
Mahtab Mirmoezi and Shahin Shokatpour Torab
November 17,
2020
December 28, 2020
OLT-21-001714
(formerly LC210010)
Stella Pui Pui Lee and Phillip Wing-Chan Lee
February 25, 2021
March 19, 2021, as amended on consent
OLT-21-001744
(formerly LC210012)
Steven White and Kathleen Shinn
March 1, 2021
March 25, 2021
OLT-21-001746
(formerly LC210013)
Jianhua Zhang
March 1, 2021
March 25 2021
OLT-21-001747
(formerly LC210016)
Vinay Verma and Purti Papneja
March 11, 2021
April 8, 2021
OLT-21-001748
(formerly LC210017)
Daeseong Park and Chan Ae Suck
March 11, 2021
April 8, 2021
OLT-21-001771
(formerly LC210019)
Hui Ling Liu and Xiang Ping Zhang
April 5, 2021
April 30, 2021
OLT-21-001777
(formerly LC210021)
Ming Ho Au Yeung,
Ming Sum Au Yeung, and Pui Ha Lau
April 8, 2021
April 30, 2021
OLT-21-001778
(formerly LC210025)
Fiona Miao Fu
May 4, 2021
July 19, 2021
OLT-21-001082
Jiani Xi and Xiaoyan Zhou
June 21, 2021
July 19, 2021
OLT-21-001144
Shu-Shin Shen
June 28, 2021
July 19, 2021
OLT-21-001439
Anity Tsun-Min Chang Liao
June 25, 2021
July 19, 2021
OLT-21-001441
Yue Zhao
June 25, 2021
July 19, 2021
OLT-21-001491
Navid Mehrasa
June 21, 2021
July 19, 2021