Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 03, 2023

CASE NO(S).: OLT-23-000027

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26

Claimant: Maria Barbaro

Respondent: Regional Municipality of Peel

Description: Determination of compensation

Reference Number: Expropriation Plan PR3514589

Property Address: 12029 Coleraine Drive

Municipality/UT: Caledon/Peel

OLT Case No.: OLT-23-000027

OLT Lead Case No.: OLT-23-000027

OLT Case Name: Barbaro v. Peel (Region)

Heard: July 11, 2023, by Telephone Conference Call (“TCC”)

APPEARANCES:

Parties

Maria Barbaro (“Claimant”)

Regional Municipality of Peel (“Region or Respondent”)

Counsel

Mark Penfold

Julie Lesage

MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON JULY 11, 2023 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) in this Arbitration. At the first CMC on May 11, 2023, Counsel for the Region advised the Tribunal that, subject to the approval of the Region’s Council, a settlement had been reached and that the settlement would be on the Council’s agenda for the July 6, 2023, Regional Council meeting. Counsel agreed to attend a second CMC to confirm the settlement’s approval.

2Counsel for the Region advised the Tribunal that the Region’s Council had approved the settlement, which includes the payment of the Claimant’s costs in accordance with the provisions of the Expropriations Act, but that the issue of the quantum of the Claimant’s costs remained outstanding. Both Counsel indicated that in the event that agreement on the quantum of costs cannot be reached, they will request that the Tribunal determine the amount of the costs. Both Counsel undertook to update the Tribunal by Friday, September 15, 2023.

ORDER

3THE TRIBUNAL ORDERS that this Case Management Conference is hereby adjourned to a date to be set, if required, and directs that Counsel update the Tribunal on the status of the settlement of this Claim by Friday, September 15, 2023.

“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.