Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-22-004583
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants: Greg and Norma Jean Prophet
Respondent: Township of Tay
Subject: Determination of Compensation
Description: Claimants are seeking compensation and Injurious affection to their interest as owners of the subject property
Reference No.: CV-21-254
Property Address/ Description: 279 Albin Road, Waubaushene
Municipality: Tay/Simcoe
OLT Case No.: OLT-22-004583
OLT File No.: OLT-22-004583
OLT Case Name: Greg and Norma Prophet v. Township of Tay
Heard: June 23, 2023, by TCC
APPEARANCES:
Parties Counsel
Greg and Norma Prophet ("Claimants") William J. Leslie
Township of Tay ("Respondent") Sarah L. Hahn
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON June 23, 2023, AND ORDER OF THE TRIBUNAL
1This Hearing Event was the second Case Management Conference ("CMC") in this claim for compensation made in accordance with the provisions of the Expropriations Act, R.S.O. 1990 c. E..26 ("the Expropriations Act"). The purpose of this CMC was to provide the Tribunal with an update respecting the Tribunal’s Order of May 3, 2023, the approval and registration of the Plan of Expropriation, and respecting the possible Mediation of the claim.
2This claim arises as a result of an historic de facto expropriation which occurred during or about 1986, when the Township of Tay ("Township") mistakenly caused an extension of Albin Road to be constructed over and upon property owned by the Claimants, municipally known as 279 Albin Road, Waubaushene. By operation of Section 65(1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, ("the Municipal Act") in such a situation the property is deemed to have been expropriated by the Township and pursuant to Section 65(2) of the Municipal Act, the Claimants are entitled to compensation in accordance with the provisions of the Expropriations Act.
3Counsel for the Township, Ms. Hahn, advised the Tribunal that the Township Council’s approval to formalize the Expropriation is expected to be completed on June 28, 2023, and that registration of the Plan of Expropriation will be completed immediately thereafter.
4Counsel also advised that a Tribunal-led mediation had been scheduled for July 11, 2023, and that the Parties were engaged in discussions regarding the terms of an agreement under Section 30 of the Expropriations Act.
5At the Tribunal’s suggestion, Counsel agreed to update the Tribunal following completion of the Mediation at a Status Hearing/CMC, which is to be held by TCC on September 7, 2023, at 10:00 a.m. In the event that the claim has not been settled, the Tribunal directs that Counsel discuss the terms of a Timeline and Procedural Order ("PO") and that a draft PO be provided to the Case Coordinator prior to the CMC. In such an event, the Parties are to be prepared to set a Hearing date at that time.
ORDER OF THE TRIBUNAL
6The Parties are directed to attend a Status Hearing/CMC which is scheduled to proceed by TCC on Thursday, September 7, 2023, at 10:00 a.m. as follows:
A status hearing has been scheduled to proceed by telephone conference call on Thursday, September 7, 2023, at 10:00 a.m.
Individual(s) are directed to call +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 on the assigned date at the correct time. When prompted, enter the code 344-779-885 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.
7This Member is not seized.
8So orders the Tribunal.
"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.