Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 6, 2023
CASE NO(S).: OLT-22-003825
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Scherer Holdings Ltd. et al
Respondent: The Corporation of the Regional Municipality of Waterloo
Description: Determination of compensation
Reference Number: N/A
Property Address: 1225 Courtland Avenue East
Municipality/UT: City of Waterloo
OLT Case No.: OLT-22-003825
OLT Lead Case No.: OLT-22-003825
OLT Case Name: Scherer Holdings Ltd. et al v. Waterloo (Regional Municipality)
Heard: February 27, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Scherer Holdings and J&J Scherer Holdings Ltd. and Scherer Chevrolet Buick GMC Ltd. and Factory Outlet Car Sales & Leasing (collectively, the “Claimant”)
Paul Scargall Doron Lurie
The Corporation of the Regional Municipality of Waterloo (“Region”)
Richard Brookes
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON FEBRUARY 27, 2023 AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) was scheduled in the above-referenced Claim before the Tribunal for damages arising from the expropriation of the Claimant’s lands in the City of Kitchener for the purposes of the Light Rail Transit System.
2The parties are not ready for case management as the Claimant is at the preliminary stage of assembling experts’ reports and supporting evidence for the Claim, and the Region is awaiting such information to understand its position. The Claimant’s materials will likely not be in place until June of this year and thereafter the Region’s experts will require time to review and process. The Parties intend to discuss a potential resolution of the Claim, and may consider mediation, before moving forward. If the parties agree to request Tribunal mediation, they may of course make such a request.
3Should a settlement be achieved at any point, the parties are to immediately advise the Tribunal that the file may be closed unless the Tribunal must be addressed on the matter of costs or the assistance of the Tribunal is otherwise required.
4A such time as both parties, or either, conclude that a settlement is not possible, and they are ready to move forward with case management, the request can immediately be made to the Case Coordinator to schedule a further CMC.
5If by September 29, 2023, the Tribunal is not advised of a settlement, or if either or both parties have not yet requested a CMC to confirm the form of a Procedural Order and secure a hearing date, the Parties are to provide a written status report to the Tribunal with respect to the Claim and, if necessary, indicate what additional time may be required independent of Tribunal case management.
6When the Tribunal is notified that the parties are ready to proceed to case management, the following directives will apply with respect to next steps:
(a) If not already done, the Claimant will provide the Region with a draft Procedural Order and Issues List not less than 21 days after the written request is made for the scheduled CMC. The Region will promptly respond as to the proposed form of the Procedural Order. The draft Procedural Order will forthwith be filed with the Tribunal together with confirmation as to the estimated number of hearing days required by the Parties. If there are matters in dispute between the parties as to the form of the Procedural Order, or there are other procedural matters requiring the attention of the Tribunal, the Parties will submit their respective positions on the matters in dispute to the Tribunal.
(b) Based on the estimated time periods required to satisfy all deadlines for all discovery and pre-hearing requirements for the hearing, the Parties will also advise the Tribunal at the time of submitting the draft Procedural Order or written submissions, as to the earliest start-date that a video hearing of the proceeding may be scheduled by the Tribunal and provide any conflict dates for counsel and proposed witnesses within a six-month period following that earliest date of availability for the commencement of the hearing.
(c) As discussed at this CMC, in the event the Claim must proceed to a hearing on the merits the parties are in agreement that they, and the Tribunal, may also benefit from a final CMC/Status hearing to be scheduled as a 9:00 a.m. Telephone Conference Call approximately 60 days prior to the start of the hearing.
(d) If the Procedural Order is submitted on a consent basis, and if the scheduling of the hearing by the Tribunal or other case management matters do not require the attendance of the Parties, the Parties will be advised by the Case Coordinator as to the hearing dates, and the date of the final CMC/Status Hearing. In lieu of any further CMC, and upon receipt of the final draft, the Tribunal will then issue the Procedural Order under a Registrar’s Order and await the attendance of the parties to the final CMC/Status Hearing.
(e) If the Tribunal instead directs a CMC upon receipt of the request for case management, both the Claimant and the Region will attend to the CMC prepared to address all matters relating to the final form of the Procedural Order and Issues List, and the scheduling of the hearing on the merits and a final CMC/Status Hearing.
7This Panel Member is not seized of any further case management or a hearing on the merits. All further notice with respect to any scheduled hearing events will be provided by email to counsel of record.
8The Tribunal so orders and provides these directives for the purposes of the case management.
“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.