Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-21-001712
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Calgas Investments Limited
Respondent: Regional Municipality of York
Description: Determination of compensation
Reference Numbers: Expropriation Plan YR2092380, Expropriation Plan YR2528712 and Expropriation Plan YR2822910
Property Address: 17215-17255 Yonge Street
Municipality/UT: Newmarket/York
OLT Case No.: OLT-21-001712
OLT Lead Case No.: OLT-21-001712
OLT Case Name: Calgas Investments Limited v. York (Regional Municipality)
Heard: June 21, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Calgas Investments Limited (“Claimant”)
Paul DeMelo
The Regional Municipality of York (“Respondent”)
Matthew Owen-King Endi Batino
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON JUNE 21, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Arbitration to determine the amount of the compensation payable under the Expropriations Act (“the Act”). The Arbitration has been commenced under Section 26(1) of the Act, by the Respondent, The Regional Municipality of York, against the Claimant, Calgas Investments Limited, and arises out of the expropriation and subsequent acquisition by the Respondent of the Claimant’s interests listed below in the property municipally known as 17215-17255 Yonge Street, Newmarket, Ontario (“the Subject Property”).
2The Respondent acquired the following interests in the Subject Property:
a) By Expropriation Plan YR2092380, registered on February 3, 2014: a fee simple interest in Part 1, a permanent easement interest over Part 2, and a temporary easement interest over Part 3 commencing February 3, 2014 and expiring February 2, 2017;
b) By Expropriation Plan YR2528712, registered on August 22, 2016: a temporary easement interest commencing December 8, 2016 and expiring January 1, 2019;
c) By Expropriation Plan YR2822910, registered on May 2, 2018: a temporary easement interest commencing December 10, 2018 and expiring December 31, 2019.
PROCEDURAL ORDER AND TIMELINE SUMMARY
3Counsel advised the Tribunal that the parties were content with the provisions of a draft Procedural Order (“PO”) and Timeline Summary, which had been circulated by counsel for the Respondent prior to this CMC, and that they would like to set a date for a Hearing on the Merits, which would finalize the draft PO.
4Following consultation respecting the Tribunal’s calendar and the availability of the parties, counsel and witnesses, a five (5) day Hearing on the Merits, by video conference was agreed upon, commencing on Monday, March 18, 2024, and running through to Friday, March 22, 2024.
5Appended to this Decision as Attachment 1 is the Timeline Summary and Attachment 2 is the PO, both of which will now govern all further pre-hearing procedural requirements and the hearing of the Arbitration.
PRE-HEARING CONFERENCE AND MEDIATION ASSESSMENT
6Counsel also advised the Tribunal that they would like to have a Mediation Assessment and Pre-Hearing Conference after, during or about December 2023, following the completion of Examinations for Discovery and any Motions arising, the provision of Undertaking Answers and the exchange of Experts’ Reports. Both Counsel are directed to contact the Tribunal’s Mediation Coordinator to arrange the Mediation Assessment and to contact the Case Coordinator to arrange the Pre-hearing Conference.
HEARING – March 18 - 22, 2024
7With regard to the five-(5) day video hearing, commencing at 10:00 a.m. on Monday, March 18, 2024, and continuing to Friday, March 22, 2024, the Parties 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.
8The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
9Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
10Parties 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
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.
Other Matters
12There will be no further notice with respect to the hearing events and the Panel Member is not seized.
13The Tribunal so Orders and provides these CMC directives for the purposes of the case management of this Proceeding.
“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.
ATTACHMENT 1
ATTACHMENT 2