Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 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 Lead Case No.: OLT-22-004347
OLT Case Name: Gu and Deng v. Toronto Catholic District School Board
Heard: June 12, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Bin Gu and Dong Qing Deng Toronto Catholic District School Board
Christopher Tzekas Katherine Chan Andrew Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY w. daniel best and sharyn vincent ON june 12, 2023 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) to organize the hearing of a claim for compensation brought by Bin Gu and Dong Qing Deng (“Claimants”) against the Toronto Catholic District School Board (“Respondent”).
2The Tribunal heard submissions from both Parties regarding a status update on the matter and the continued settlement discussions. Both Parties are hopeful of a resolution to the matter.
3Christopher Tzekas, counsel for the Claimants, advised the Panel that there is outstanding documentation that he will forward to opposing counsel. Mr. Tzekas also requested a hearing date be set and establish a Procedural Order (“PO”).
4Andrew Baker, counsel for the Respondent, requested that the Tribunal set a deadline for the receipt of the outstanding documentation. Mr. Baker stated that he has no issue with setting a hearing date.
5The Panel advised the Parties of deficiencies in the PO. The Panel advised that setting a hearing date at this time would not be an effective use of Tribunals’ time and resources and/or assist in the resolution of the matter.
6The Panel directed that the outstanding documentation shall be forwarded to Mr. Baker no later than end of day, Tuesday, June 13, 2023.
7The Panel directed that the Parties shall provide an update to the Tribunal through the Case Coordinator, no later than Friday, June 30, 2023, to advise if a settlement has been reached or to set a Teleconference Call to set a hearing date.
ORDER
8The Tribunal orders that:
9The Claimant’s counsel shall provide outstanding documentation to the Respondent’s counsel by end of day, Tuesday, June 13, 2023.
10The Parties shall provide an update to the Tribunal through the Case Coordinator, no later than Friday, June 30, 2023, to advise if a settlement has been reached or to set a Teleconference Call to establish a hearing date.
11The 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.
12No 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.