Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 18, 2023
CASE NO(S).: OLT-21-001655
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: 2277550 Ontario Inc. o/a Michael’s on Simcoe v. City of Toronto
Respondent: City of Toronto
Description: Determination of compensation
Property Address: 100 Simcoe Street
Municipality/UT: City of Toronto
OLT Case No.: OLT-21-001655
OLT Lead Case No.: OLT-21-001655
OLT Case Name: 2277550 Ontario Inc. o/a Michael’s on Simcoe v. Toronto (City)
Heard: May 4, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
2277550 Ontario Inc o/a Michael’s on Simcoe
Steven Bookman and David Eddenden
City of Toronto
Matthew Longo and Michael Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON May 4, 2023 and order of the Tribunal
INTRODUCTION
12277550 Ontario Inc., operating as Michael’s on Simcoe (“Michael’s”) has brought an appeal pursuant to s. 22(10) and s. 26(1) of the Expropriations Act against the City of Toronto (the “City”) claiming injurious affection resulting in personal and business losses all as set out in the Notice of Arbitration and Statement of Claim dated November 22, 2021.
2Reply pleadings from the City take the position that the works cited by Michael’s are not attributable to the City, but rather to Enwave and Toronto Hydro, and in any event were concluded by October 21, 2020, thereby rendering the claim filed over a year later, statute barred.
3In order to first determine these threshold issues, the Tribunal has directed a written motion, returnable July 28, 2023, for all filings to be in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure.
ORDER
4The Tribunal Orders that the City of Toronto brings a Motion seeking a determination by the Tribunal on the date set out above, with respect to the contentions brought by 2277550 Ontario Inc., operating as Michael’s on Simcoe, in their Notice of Arbitration and Statement of Claim dated November 22, 2023.
”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.