Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 2023
CASE NO(S).: OLT-22-003688
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Big Wax Inc.
Respondent: Metrolinx
Subject: Land Compensation
Property Address: 271 Front Street
Municipality: City of Toronto
OLT Case No.: OLT-22-003688
OLT Lead Case No.: OLT-22-003688
OLT Case Name: Big Wax Inc. v. Metrolinx
Heard: May 5, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Big Wax Inc. | Ronald Sleightholm |
| Metrolinx | Aisling Flarity and Christel Higgs (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MAY 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Big Wax Inc ("Claimant") has brought an appeal pursuant to s. 22(1) and 26(b) of the Expropriations Act against Metrolinx, seeking compensation for Injurious Affection, as set out in a Statement of Claim dated May 6, 2022. The claim arises as a result of the taking of property known as 271 Front Street in the City of Toronto which in turn brought about the necessary cessation of possession by the Claimant’s car wash operation occupying said premises as a tenant.
2The Tribunal was in receipt of a draft Procedural Order ("PO") and was advised that Counsel concurred that five (5) hearing days would we required to deal with the business valuation dispute central to the light between the Parties.
3The Parties shared an interest in pursuing Tribunal-lead mediation and were directed to make enquiries of the Assistant Registrar following the adjournment of the Case Management Conference to inform themselves as to likely dates.
4The Tribunal directed minor revisions to the draft PO, together with the deadline that the revised draft be a resubmitted within the week.
5Accordingly, a five (5) day hearing was scheduled to commence Monday, March 4, 2024, as 10: a.m.
6Parties 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/914098901
Access code: 914-098-901
7Parties 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
8Persons 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 914-098-901.
9Individuals 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.
ORDER
10THE TRIBUNAL ORDERS that the revised PO, reflecting the dates scheduled above be submitted to the Tribunal by Friday, May 12, 2023 at the latest, and that the scheduled hearing be governed by the obligations set out therein.
11The Member is not seized but will continue to case manage should the need arise.
12No further notice is required.
"Sharyn Vincent"
SHARYN VINCENT 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.