Ontario Land Tribunal
Issue Date: August 01, 2023 Case No(s).: OLT-23-000158, OLT-23-000343
Proceeding commenced under subsection 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended
Claimant: Osmington (Union Station) Inc. Respondent: Metrolinx Subject: Land Compensation Property Address: 65 Front Street Municipality: City of Toronto OLT Case No.: OLT-23-000158 OLT Lead Case No.: OLT-23-000158 OLT Case Name: Osmington (Union Station) Inc. v. Metrolinx
Proceeding commenced under subsection 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended
Claimant: City of Toronto Respondent: Metrolinx Subject: Land Compensation Property Address: 65 Front Street Municipality: City of Toronto OLT Case No.: OLT-23-000343 OLT Lead Case No.: OLT-23-000343 OLT Case Name: City of Toronto v. Metrolinx
Heard: July 7, 2023 by Video Hearing ("VH")
Appearances
| Parties | Counsel |
|---|---|
| Metrolinx | C. Williams / T. Hill / A. Skinner |
| City of Toronto ("City") | C. Barnett / D. Williams |
| Osmington (Union Station) Inc. ("Osmington") | I. Andres / R. Gill |
Memorandum of Oral Decision Delivered by Blair S. Taylor and Robert G. Ackerman on July 7, 2023 and Order of the Tribunal
Introduction
1The Tribunal held a Case Management Conference ("CMC") concerning claims for compensation arising out of certain expropriations at Union Station.
2For the reasons set out below the Tribunal set a second CMC for Tuesday, October 3, 2023 by VH.
Decision
3Osmington had filed its Notice of Arbitration/Application on or about March 6, 2023 (claiming compensation under a lease from the City) (Exhibit 1), and Metrolinx had replied April 6, 2023 (Exhibit 2). Metrolinx had filed a Notice of Arbitration on April 13, 2023 seeking a determination of the City's entitlement to compensation, and that the Osmington claim be heard together with the City's claim for compensation (Exhibit 3).
4Counsel for Metrolinx changed, and the Tribunal was so notified in Exhibit 4.
5The City filed its Notice of Arbitration/Application on May 15, 2023 (Exhibit 5).
6Outstanding at the time of the CMC was the Metrolinx Reply to the City's Notice of Arbitration.
7The Tribunal sought submissions from counsel on: the Metrolinx outstanding Reply, a draft Procedural Order; alternative dispute resolution or mediation; whether the two claims should be heard together; whether a common visual evidence book could be prepared; and their recommended next steps and timing.
Metrolinx Reply
8Counsel for Metrolinx advised the Tribunal that its Reply would be filed on or before Monday, July 31, 2023, and that the other parties had been so advised. This was acceptable to the City and Osmington.
Draft Procedural Order
9As the Metrolinx Reply had not been filed, the parties had agreed that it would be premature to attempt to draft a Procedural Order at this time.
Mediation
10Counsel advised the Tribunal that there had been communication for Tribunal-led mediation, and attempts were being made to set a date during the summer period.
Second CMC
11Counsel were in agreement and recommended that a second CMC be held in September 2023, which timing would allow for the Metrolinx Reply to be filed, and a date to be arranged/held for Tribunal-led mediation. For the second CMC it was proposed that a draft Procedural Order would be prepared which would include consideration of the nuances of the two separate claims being heard together through a hearing process that could be either "staged" or "phased".
12Accordingly, the Tribunal set a second CMC for: Tuesday, October 3, 2023 commencing at 10 a.m. by VH.
13Parties 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/927921077
Access code: 927-921-077
14Parties 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
15Persons 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) 497-9391 or Toll-Free 1-888-299-1889. The access code is 927-921-077.
16Individuals 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 CMC 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.
Common Visual Evidence Book
17The Tribunal suggested and counsel seemed receptive to, the preparation of a common visual evidence book that would depict the following: the Metrolinx lands, the City lands, the Osmington leased lands, the expropriated PINS (the fee simple and the temporary easements), and the location of the air rights. This may involve strata plans or three-dimensional plans/models. Whether these two claims for compensation proceed to mediation or to a hearing, such a common visual evidence book would seem to be integral to either mediation or the hearing on the merits. Counsel undertook to discuss among themselves the preparation of such a common visual evidence book.
Second CMC Agenda
18For the second CMC on October 3, 2023, the Tribunal will expect the agenda to include addressing the following:
a. The Metrolinx Reply to the City's Notice of Arbitration, due July 31, 2023;
b. A status update on mediation;
c. A draft Procedural Order that sets out inter alia the discovery process and timing; how the two claims might be heard together; an Issues List; the anticipated length of the hearing; and includes a date for the filing of a mandatory draft Hearing Plan to be filed with the Tribunal; and
d. An update on a Common Visual Evidence Book.
19In order to review the draft Procedural Order in preparation for the second CMC, the Tribunal directs that the draft Procedural Order be filed with the Case Coordinator on or before September 26, 2023.
20There will be no further notice of the second CMC.
21We are not seized.
22Scheduling permitting, we may be available for case management purposes.
23This is the Order of the Tribunal.
"Blair S. Taylor"
BLAIR S. TAYLOR VICE-CHAIR
"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.