Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 05, 2023

CASE NO(S).: OLT-22-002689

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

Claimant: Abe Erb Brewing Company Respondent: Regional Municipality of Waterloo Subject: Land Compensation Property Address: 15 King Street South Municipality/UT: Waterloo/Waterloo OLT Case No: OLT-22-002689 Legacy Case No: LC180025 OLT Lead Case No: OLT-22-002689 Legacy Lead Case No: LC180025 OLT Case Name: Abe Erb Brewing Company v. Waterloo (Region)

Heard: June 28, 2023 by video hearing

APPEARANCES:

Parties Regional Municipality of Waterloo (“Region”) Counsel S. Foran, A. Armstrong

Parties 1907142 Ontario Inc. (“Claimant”) Counsel M. Paiva, S. Roberts

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JUNE 28, 2023 AND ORDER OF THE TRIBUNAL

1This longstanding matter came on for a Case Management Conference (“CMC”) before the Tribunal after the Parties failed to respond to correspondence concerning the current status of this proceeding which involves an expropriation by the Region concerning the property municipally known as 15 King Street South in the City of Waterloo (“Claim”).

2Counsel for the Parties advised that examinations for discovery of both Parties’ representatives occurred almost 4 years ago on June 25 and June 26, 2019. However, an event of insolvency occurred regarding the Claimant on January 28, 2021, following which a receiver was appointed to deal with the Claimant’s affairs. Subsequently, the Claimant’s assets, including the right to continue this proceeding, were sold to 2783866 Ontario Inc. (“2783866”) who has retained Claimant’s former counsel to act in this matter.

3Counsel for the Claimant advised that he now has instructions to bring a motion for an Order permitting the continuance of this Claim by 2783866 pursuant to Ontario Land Tribunal Rules of Practice and Procedure and/or Rule 11 of the Ontario Rules of Civil Procedure (“Continuance Motion”).

4Counsel for both Parties indicated that they agreed with the Tribunal that the Continuance Motion may be efficiently conducted as a written motion pursuant to Rule 10.3 of the Ontario Land Tribunal’s (“OLT”) Rules of Practice and Procedure. Following the receipt of the necessary motion materials, counsel for the Region indicated that he may be in a position to consent to the relief sought but, of course, reserved his right to oppose and respond in writing.

5The Parties’ counsel have also agreed to deliver a draft Procedural Order (“PO”) to govern the future conduct of this case, at the same time as they deliver their motion materials (recognizing that the Region may choose not to oppose the Continuance Motion, as noted in paragraph [4] above).

6Finally, it was determined that it made sense to schedule a further CMC in order to determine next steps in this matter and to consider the draft PO.

7The Tribunal has therefore scheduled a CMC to be held by video on Friday, October 20, 2023 at 10 a.m.

8Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/709076365

Access code: 709-076-365

9Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 709-076-365.

11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

12THE TRIBUNAL ORDERS that:

(a) The Claimant 1907142 Ontario Ltd. shall, within 45 days of June 28, 2023, bring a Motion in writing, pursuant to Rule 10.3 of the OLT Rules of Practice and Procedure to seek the continuance of this proceeding by 2783866 Ontario Inc;

(b) The Claimant and the Respondent Region of Waterloo shall also deliver a draft Procedural Order by at least five (5) clear days prior to the next Case Management Conference to be held in this proceeding, the details of which are set out in paragraphs 7 to 11 above

13This Member shall remain seized to provide case management assistance regarding this proceeding.

“William R. Middleton”

WILLIAM R. MIDDLETON 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.