Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 27, 2023

CASE NO(S).: OLT-22-002374

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27

Claimant: United Parcel Service Canada Ltd.

Respondent: Regional Municipality of York

Description: Determination of compensation

Reference Numbers: Expropriation Plan YR1589373

Property Address: 2900 Steeles Avenue West

Municipality/UT: Vaughan/York

OLT Case No.: OLT-22-002374

OLT Lead Case No.: OLT-22-002374

OLT Case Name: United Parcel Service Canada Ltd. v. York (Regional Municipality)

Heard: June 14, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

United Parcel Service of Canada

Tara Piurko and Jesse White

Regional Municipality of York

Chris Tzekas and Katherine Chan

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JUNE 14, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1At this, the first Case Management Conference (“CMC”) to organize the Hearing of the Claim for compensation brought by United Parcel Service of Canada (“UPS”) in connection with the taking for the purpose of constructing and maintaining the Toronto York Spadina Subway Extension in the proximity of 2900 Steeles Avenue West, the Tribunal was advised that the Parties were in the midst of constructive settlement discussions.

2In fact, both Parties shared with the Tribunal their respective undertakings within the next 90 days to exchange and respond to settlement offers.

3The Tribunal herein directs that these undertakings be honoured.

4The Parties were reminded of the availability of Tribunal led mediation should these private negotiations lose traction, but were otherwise directed to contact the Case Co-ordinator on or about the 90-day mark following this CMC and advise the Tribunal as to whether the claim would be proceeding to arbitration before the Tribunal.

5At the request of the parties, the Tribunal will schedule a Telephone Conference Call to determine hearing dates if necessary, and to at that time, direct the finalization of a Procedural Order.

6So Orders the Tribunal.

“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.