Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: May 26, 2023
CASE NO(S).: OLT-22-004347
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Bin Gu and Dong Qing Deng
Respondent: Toronto Catholic District School Board
Subject: Property Expropriation
Property Address/Description: 3348A Bayview Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004347
OLT File No.: OLT-22-004347
OLT Case Name: Gu and Deng v Toronto Catholic District School Board
Heard: May 3, 2023 by Video Hearing
APPEARANCES:
Parties
Bin Gu and Dong Qing Deng ("Claimants")
Toronto Catholic District School Board ("Respondent")
Counsel/Representative
Christopher Tzekas Katherine Chan
Andrew Baker
DECISION DELIVERED BY W. DANIEL BEST AND SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1In 2015, the Toronto Catholic District School Board (the "TCDSB") expropriated 18 townhouses along Bayview Avenue to facilitate its redevelopment and expansion of a neighbouring school site. The Tribunal received this claim for compensation and convened this first Case Management Conference ("CMC") to schedule a hearing for these claims.
2The Affidavit of Service of Laura Brandon sworn on August 31, 2022 is marked as Exhibit 1.
3Mr. Tzekas, Counsel for the Claimants advised the Panel that there are other appeals related to the expropriation of adjacent properties along Bayview Avenue by TCDSB. The hearing scheduled for February 13, 2023 was adjourned as all 15 of the appeals to be heard, had in fact settled. The areas of contention involving equivalent reinstatement are particularly germane to the subject appeal, and these settlements have laid the groundwork for constructive discussions in the subject matter.
4Mr. Tzekas advised that he and Mr. Baker, Counsel for the Respondent, anticipate using the settlements from those hearings as the basis of settling this matter on the same principled basis.
5Mr. Tzekas suggested that it would be appropriate to schedule a four-day hearing to keep the Parties' "feet to the fire".
6Mr. Baker advised that this is the final appeal related to the expropriation of the 18 properties along Bayview Avenue.
7Counsels advised the Panel that the earliest they could be ready for a hearing would be in November.
8The Panel considered the joint proposal. Given the potential of a settlement, the Panel determined it would be a more effective use of time and resources (for the Tribunal and the Parties) to hold a second CMC. This strategy would result in one of the following outcomes:
i. The CMC will become unnecessary if the Tribunal receives prior notice that full settlement is achieved, or in the alternative;
ii. The Tribunal will be updated, a Procedural Order finalized, and a hearing date will be set at the CMC.
9The Parties are aware of the availability of Tribunal-led mediation. The Parties advised of their ongoing discussions and willingness to consider mediation as matters unfold.
10The Tribunal has scheduled a CMC commencing on Monday, June 12, 2023 at 10 a.m. by video hearing.
11Parties 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/687587165
Access code: 687-587-165
12Persons 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.
13Parties 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
14Individuals 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 CMC 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
15THE TRIBUNAL ORDERS that a one-day CMC is to convene as set out in this decision.
16If a settlement is not reached, a revised draft Procedural Order for the merits hearing will be submitted to the Tribunal's Case Coordinator no later than 4:30 p.m. on Monday, June 5, 2023.
17The Panel Members are not seized and may be spoken to through the Tribunal's Case Coordinator if there are any issues with respect to the implementation of this Order.
18No further notice will be given.
"W. Daniel Best"
W. DANIEL BEST
MEMBER
"Sharyn Vincent"
SHARYN VINCENT
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.