Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 1 2023
CASE NO(S).: OLT-22-003045
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Vito Di Blasi
Respondent: Regional Municipality of York
Subject: Determination of Compensation
Property Address/ Description: Parts 1, 2 and 3 on Expropriation Plan D1031 and Parts 1, 2 and 3 on Expropriation Plan D1032, Municipally known as 1166 and 1360 Bloomington Road East, Town of Aurora
Municipality/UT: Town of Aurora
OMB Case No.: OLT-22-003045
Legacy Case No.: LC100032
OLT Lead Case No.: OLT-22-003045
Legacy Lead Case No.: LC100032
OLT Case Name: Di Blasi v. York (Regional Municipality)
Heard: July 27, 2023, by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Vito de Blasi (“Claimant”)
Raymond Boggs
Regional Municipality of York (“Region”)
Julie Lesage
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON JULY 27, 2023 AND ORDER OF THE TRIBUNAL
1A TCC was held in this matter on July 27, 2023, to deal with the outstanding matter of costs in relation to an Expropriation Proceeding which led to a Decision of Vice Chair Taylor issued on March 7, 2019, in OLT File No. LC 100032 (now noted as OLT Case No. OLT-22-003045). The background to this proceeding is set out in that Decision and need not be reiterated here. Pursuant to paragraph [305] of that Decision, the costs payable in this matter were left to be resolved by the Parties or to be scheduled for further adjudication by the Tribunal.
2The Parties have exchanged some communications and materials to date but have not yet resolved the outstanding costs issue. Counsel for the Region has written to counsel for the Claimant seeking additional information and documentation, which the Claimant’s counsel has agreed to respond to by August 31, 2023.
3In the meantime, the Region’s counsel will seek instructions as soon as possible to consider use of the OLT mediation group, to assist the Parties to fashion their own resolution of the costs matter. The Claimant’s counsel has already agreed to do so.
4If the Region confirms its interest in pursuing mediation, the OLT mediation group will contact both counsel to make appropriate arrangements and to conduct its own assessment.
5The Tribunal will continue to monitor this matter, and if it appears that the Parties are unable to resolve the outstanding issues on costs, then the Parties will be expected to propose a consent timetable for the written adjudication of this dispute. In that event, following receipt of all submissions from the Parties, the Tribunal will either determine the matter in writing, or will schedule a further hearing event to hear oral testimony and to consider oral submissions.
ORDER
6THE TRIBUNAL ORDERS THAT:
(a) The Claimant shall respond to the Region’s written request for further information and documentation by August 31, 2023;
(b) The Parties shall advise the Tribunal by September 29, 2023, if they require adjudication of the outstanding costs matters in dispute and, in that event, shall propose a consent timetable for the exchange of written submissions for the written adjudication of the dispute; and
(c) If the Parties are unable to reach agreement on a consent timetable as described in paragraph 6 above, the Tribunal shall determine the timetable for exchange of written submissions.
7This Vice Chair shall remain available to assist with the ongoing case management of this matter, subject to the Tribunal’s calendar.
“William Middleton”
WILLIAM MIDDLETON
VICE CHAIR
Ontario Land Tribunal
Website: 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.