Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2023
CASE NO(S).: OLT-22-004583
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants: Greg and Norma Jean Prophet
Respondent: Township of Tay
Subject: Determination of Compensation
Description: Claimants are seeking compensation and Injurious affection to their interest as owners of the subject property
Reference No.: CV-21-254
Property Address/ Description: 279 Albin Road, Waubaushene
Municipality: Tay/Simcoe
OLT Case No.: OLT-22-004583
OLT File No.: OLT-22-004583
OLT Case Name: Greg and Norma Prophet v. Township of Tay
Heard: May 3, 2023, by video
APPEARANCES:
| Parties | Counsel |
|---|---|
| Greg and Norma Prophet (“Claimants”) | William J. Leslie |
| Township of Tay (“Respondent”) | Sarah L. Hahn |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON mAY 3, 2023, AND ORDER OF THE TRIBUNAL
1This claim arises as a result of an historic expropriation which occurred during or about 1986, when the Township of Tap mistakenly caused an extension of Albin Road to be constructed over and upon property owned by the Claimants described as Part 1, Plan 1537, Township of Tay, municipally known as 279 Albin Road, Waubaushene. By operation of Section 65(1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, in such a situation the property is deemed to have been expropriated by the Township and pursuant to Section 65(2), the Claimants are entitled to compensation in accordance with the provisions of the Expropriations Act, R.S.O. 1990 c. E..26. Proceedings in the Superior Court of Justice by way of Application were brought by the Claimants and the matter was heard by the Honourable Justice Chris De Sa, who delivered a Decision dated April 14, 2022, dismissing the Application and referring the Claimants to this Tribunal and recommending that they proceed to seek their compensation in accordance with the provisions of the Expropriations Act. In response to the Tribunal’s query, Ms. Hahn, counsel for the Township of Tay, confirmed that the approval and registration of a Plan delineating the Expropriated Lands is in process and that approval and registration is expected to be completed by July 2023.
2This Hearing event was scheduled as a Hearing on the Merits to run for three days from May 3 to 5, 2023. As a Court Reporter was not in attendance when the Hearing convened, the Tribunal took the opportunity to discuss with counsel the lack of a Hearing Plan while the attendance of a Reporter was being arranged.
3In addition to the absence of a Hearing Plan, the Tribunal also noted the absence of an Agreed Statement of Facts and that a Procedural Order had not been issued for this matter. The Tribunal expressed its concern to counsel that based upon the number of witnesses indicated and the volume of materials which had been filed, three days would not be sufficient to complete the evidence portion of the Hearing, and that it appeared in any event that this Arbitration is not ready for a Hearing on the Merits. Both counsel concurred, and following discussion, a consensus was reached that without a narrowing of the issues, a seven to eight day Hearing would be required. At this point the Tribunal suggested that the scheduled Merit Hearing be converted to a Case Management Conference (“CMC”), which was then done with the consent of both counsel.
4The possibility of the Parties engaging in Mediation to resolve the claim or to narrow the issues was canvassed by the Tribunal and the Parties expressed interest in Tribunal led Mediation. A date was obtained from the Mediation Coordinator and the Parties agreed to attend a Mediation Assessment on June 1, 2023, at 2:00 pm, by Telephone Conference Call (“TCC”). The Parties are to contact the Case Coordinator to obtain the call-in coordinates for the TCC.
5At the Tribunal’s suggestion, counsel agreed to return for a Second CMC after the Mediation Assessment. The Tribunal directed counsel to discuss the terms of a draft Procedural Order (“PO”) and to provide the draft PO to the Case Coordinator prior to the Second CMC, which is to be held by TCC before this Member, on June 23, 2023, at 2:00 p.m. The Parties are to be prepared to set a Hearing date at that time.
ORDER OF THE TRIBUNAL
6The Parties are directed to attend a second CMC which is scheduled to proceed by TCC on Friday June 23, 2023, at 2:00 p.m. as follows:
A status hearing has been scheduled to proceed by telephone conference call on Friday June 23, 2023 at 2:00 p.m.
Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
7This Member is not seized.
8So orders the Tribunal.
“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.