1287363 Ontario Limited v. Ministry of Transportation, 2023 CanLII 24006

ISSUE DATE: March 20, 2023

CASE NO(S).: OLT-22-004570

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant: 1287363 Ontario Limited

Respondent: Ministry of Transportation

Subject: Determination of compensation

Property Address: 304 Dunlop Street

Municipality/UT: City of Barrie/ County of Simcoe

OLT Case No.: OLT-22-004570

OLT Lead Case No.: OLT-22-004570

OLT Case Name: 1287363 Ontario Limited v. Ministry of Transportation

Heard: February 23, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

1287363 Ontario Limited (“Claimant”)

John S. Doherty Kevin Dias

The Ministry of Transportation of Ontario (“MOT”)

Timothy Gindi

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON FEBRUARY 23, 2023 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference (“CMC”) was scheduled by the Tribunal for the proceeding arising from the Claim brought by the Claimant under the Expropriations Act for compensation and damages arising from the expropriation of the Claimant’s lands at 304 Dunlop Street in the City of Barrie.

2The parties have resolved the matter of the market value compensation for the taking of the subject property and this proceeding relates to the unresolved claims for disturbance damages, including reduced/lost rental income, related expenses and losses including relocation expenses and legal, appraisal and other costs incurred by the Claimant and arising from the expropriation. The parties estimate a seven day hearing is required.

MEDIATION/SETTLEMENT

3The Procedural Order reflects that the parties are in agreement that Tribunal led mediation may be of assistance after the discovery processes have been completed and/or all expert reports have been exchanged. The parties will make the necessary request to the Tribunal for mediation assessment which may be as early as this summer.

PROCEDURAL ORDER, FURTHER CMC AND HEARING DATES

4The Tribunal was provided with a draft of a Procedural Order prior to the CMC which anticipated the seven-day hearing being scheduled in January or February of 2024. Upon that information the Panel Member confirmed that the hearing could be scheduled during that time frame and available dates were confirmed.

5Based upon the information exchanged during the CMC, the parties were to revise the draft of the Procedural Order and submit it to the Tribunal on the basis of the hearing dates.

6Appended to this Decision as Attachment 1 is the Procedural Order, which will now govern all further pre-hearing procedural requirements and the hearing of the proceeding.

7The fixed dates for the hearing on the merits are now provided in the Procedural Order appended to this Decision and the coordinates for the hearings are set out below in this Decision.

8For the purposes of the pre-hearing TTC Status Hearing on November 16, 2023, the parties are to jointly provide a brief written status report to the Tribunal on or before Thursday, November 9, 2023, confirming the total number of days required for the hearing, supported by a preliminary outline of a workplan setting out the anticipated order and schedule of witnesses, the estimated time frames for the evidence-in-chief, cross and re-examination for all scheduled witnesses, as well as the time allotted for opening and closing submissions and any anticipated preliminary motions or matters. If the number of days allocated for the hearing can be reduced, the Parties will advise the Tribunal accordingly so that hearing dates may be released from the Tribunal’s calendar. If any other matters of case management and the hearing are to be addressed, they should be identified in the status report.

TELEPHONE HEARING AND VIDEO HEARING COORDINATES

TCC Status Hearing – November 16, 2023

9The TCC Status Hearing to review the draft hearing plan, will commence at 9:00 a.m. on Thursday, November 16, 2023, with the following dial-in instructions:

Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848. When prompted, enter the code 4779874# to be connected to the call.

Hearing – February 5 to February 13, 2024

10For the seven-day video hearing, commencing at 10:00 a.m. on Monday, February 5, 2024, and continuing to Friday, February 13, 2024.

11Parties 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.

12The CMC is scheduled to proceed by video as follows:

https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

13Persons 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.

14Parties 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

15Individuals 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.

16There will be no further notice with respect to each of the two hearing events, and the Panel Member is not seized on any of the hearings.

17The Tribunal so orders and provides these CMC directives for the purposes of the case management of this proceeding.

“David L. Lanthier”

DAVID L. LANTHIER

VICE-CHAIR

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.

ATTACHMENT 1