Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2023
CASE NO(S).: OLT-22-004661
PROCEEDING COMMENCED UNDER section 6(2) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: 6524443 Canada Inc.
Expropriating Authority: City of Toronto/Toronto Transit Commission
Property Address: Bloor-Yonge Capacity Improvement Project (Various addresses)
Municipality/UT: City of Toronto
OLT Case No: OLT-22-004661
OLT Lead Case No: OLT-22-004661
OLT Case Name: 6524443 Canada Inc. v. City of Toronto
Heard: March 9, 2023 by video hearing
APPEARANCES:
Parties
Counsel
6524443 Canada Inc. (“Brookfield”)
F. Sperduti M. Grant
City of Toronto
A. Kanner A. Valela
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON ON MARCH 9, 2023 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) concerning the request of the owner Brookfield for a hearing of necessity concerning the proposed expropriation by the City of Toronto (“City”) of certain of Brookfield’s interests. The first was held on January 20, 2023, with the decision of that date (OLT-22-004661). This dealt primarily with the factual background. The further CMC today was to fix the timing and procedures for the hearing itself.
2However, Mr. Sperduti for Brookfield was not satisfied with the degree of disclosure provided to the owner. He requested significantly more than had appeared in the City’s Notice of Grounds and Document Brief, already delivered to the Parties and the Tribunal.
3The Tribunal had responded to his letter by providing notice that the second CMC of today’s date was adjourned, pending a formal Notice of Motion by the Requester Brookfield seeking further production of materials from the City. This would involve the interpretation of subsection 7(4) of the Expropriations Act (“Act”) as applied to the facts.
4However, on March 7, 2023 Ms. Kanner for the City of Toronto objected to this delay. The Tribunal then rescinded the notice requiring a formal Motion, and placed this CMC back on for today’s date.
5The Tribunal admits to its failure to audi alteram partem following Mr. Sperduti’s letter here. This is a fundamental requirement of a fair decision in this and all matters before it. This was due in part to illness as well as to the short time before this CMC following Mr. Sperduti’s request. However, this principle cannot be ignored. Now that the Tribunal has Ms. Kanner’s response, it is persuaded by her argument that the disclosure requirements in subsection 7(4) of the Act have been essentially met. The materials disclosed are those that the City will rely on at the Hearing.
6As Ms. Kanner stated, it is known that the design for the new station and the subway design are only 30% completed. This is not at all unusual for a project of this magnitude. This would be the largest station in the Toronto network. Many of the documents requested do not yet exist.
7Therefore, the Tribunal will proceed to consider today the usual matters determined at a CMC - the length of the hearing, and a date in the third quarter of 2023.
8The hearing is scheduled to proceed by video at 10 a.m. on Thursday, July 6, 2023 to Friday, July 7, 2023.
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:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
10Parties 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
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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 344-779-885.
12Individuals 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.
13The Tribunal so Orders.
“G. Burton”
G. BURTON
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.