Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-23-000027
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Maria Barbaro
Respondent: Regional Municipality of Peel
Description: Determination of compensation
Reference Number: Expropriation Plan PR3514589
Property Address: 12029 Coleraine Drive
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-23-000027
OLT Lead Case No.: OLT-23-000027
OLT Case Name: Barbaro v. Peel (Region)
Heard: May 11, 2023, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Maria Barbaro (“Claimant”) | Mark Penfold |
| Regional Municipality of Peel (“Region or Respondent”) | Julie Lesage |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON MAY 11, 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 Region of a portion of the lands and premises municipally known as 12029 Coleraine Drive, Caledon (“Subject Property”). The Claimant was the registered Owner of the Subject Property.
2This is the first Case Management Conference (“CMC”) in this Arbitration. On May 5, 2023, Counsel for the Region advised the Tribunal’s Case Coordinator that, subject to the approval of the Region’s Council, a settlement had been reached. The Tribunal requested that counsel for both Parties attend as scheduled to speak to the matter.
3Counsel for the Claimant, Mark Penfold, and Counsel for the Respondent, Julie Lesage, attended and advised the Tribunal that a resolution of the claim had been reached for payment of compensation and costs pursuant to s. 32(1) of the Expropriation Act. The settlement is contingent upon the approval of the Region’s Council. In response to its inquiry, the Tribunal was advised by Ms. Lesage that the settlement will be on Council’s agenda for the July 6, 2023, Council Meeting, and that payment of the settlement amounts would be made to the Claimant approximately three weeks following approval. Mr. Penfold advised the Tribunal that the terms of the settlement had actually been reached in March 2023, and he questioned why it had not been placed on Council’s agenda earlier. The Tribunal, therefore, proposed that counsel attend a second CMC after July 6, 2023, to be held before this Member to confirm the settlement’s approval, to which counsel agreed.
4The CMC will be held by Telephone Conference Call on Tuesday, July 11, 2023, at 2 p.m. Individuals 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 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. There will be no further notice.
5The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Proceeding.
6This 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.