Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 26, 2023
CASE NO(S).: OLT-21-001291
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Cleansheet Communications Inc.
Respondent: City of Toronto
Subject: Determination of compensation
Description: Cleansheet Communications Inc. v. City of Toronto
Property Address: 425 Bloor Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001291
OLT Lead Case No.: OLT-21-001291
OLT Case Name: Cleansheet Communications Inc. v. City of Toronto
Heard: April 3, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cleansheet Communications Inc. - "Claimant" | Issac Tang |
| City of Toronto - "Respondent" | Mark Piel |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON April 3, 2023, AND ORDER OF THE TRIBUNAL
1This Arbitration under s. 26(1) of the Expropriations Act arises as the result of the Expropriation by the City of Toronto (“City”) of the lands and premises municipally known as 425 Bloor Street East, Toronto (“Subject Property”). The Subject Property was improved with a five-storey office building and was required by the City for the construction of improvements to the Toronto Transit Commission’s Sherbourne Street Subway Station. The Claimant was a commercial tenant occupying the ground floor of the Subject property, from which it operated a communications business providing advertising, marketing and consulting services to commercial, industrial and educational businesses and to government. The Claimant sought recovery of its business and disturbance damages alleged to have been suffered as a result of the disruption of its business operations caused by the forced move from the Subject Property to a replacement location. The Hearing of this Arbitration had been previously Ordered to be heard over a period of nine days commencing this date.
2On Friday, March 31, 2023, counsel for the Claimant advised the Tribunal that a resolution of the claim had been reached in principle and that the Hearing on the merits was expected to not be required. The Tribunal requested that counsel for the Parties attend as scheduled to speak to the matter.
3Counsel for the Claimants, Isaac Tang, and counsel for the Respondent, Mark Piel, advised the Tribunal that indeed a resolution of the claim had been reached and that Minutes of Settlement had been signed. In response to its inquiry, the Tribunal was advised by both counsel that approximately two months would be required to complete the settlement, and both counsel undertook to report to the Tribunal concerning the completion of the settlement by June 3, 2023. In the event that the terms of the settlement cannot be fully completed within that timeframe, the Tribunal directs that counsel attend a CMC to be scheduled for June 23, 2023 at 10:00 a.m. In the event that the settlement has been fully completed before the CMC, counsel are to advise the Case Coordinator that the Tribunal may close its file.
ORDER
4The Tribunal therefore Orders and Directs:
a. This Arbitration listed is adjourned to a date to be determined later, if required;
b. Counsel for the Claimants and the Respondent are directed to advise the Tribunal concerning the completion of the settlement by June 3, 2023, at the latest, and if the settlement has not been entirely completed, shall attend a Case Management Conference by Telephone Conference Call on June 23 2023; and,
c. This Member will remain seized and will be available to provide assistance to the Parties should such be requested.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
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.