536555 Ontario Ltd. & Emros Developments Corp. v. Ottawa (City), 2023 CanLII 7693

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 31, 2023

CASE NO(S).: OLT-22-002385 (Formerly LC190027)

PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.27

Appellant: 536555 Ontario Ltd. & Emros Developments Corp.

Subject: Determination of compensation

Property Address: 747 Richmond Road (747 Richmond Road)

Municipality/UT: Ottawa/Ottawa

OLT Case No: OLT-22-002385

Legacy Case No: LC190027

OLT Lead Case No.: OLT-22-002385

Legacy Lead Case No.: LC190027

OLT Case Name: 536555 Ontario Ltd. & Emros Developments Corp. v. Ottawa (City)

Heard: January 10, 2023 by video hearing

APPEARANCES:

Parties	Counsel
City of Ottawa	F. Sperduti and L. Robinson
536555 Ontario Ltd. and Emros Development Corp.	S. Foran and A. Sinclair

MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON JANUARY 10, 2023 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) conducted by this panel, and is essentially to update the timetable, which was thrown off schedule as outlined in our disposition of May 30, 2022.

2The Parties have agreed to a new timetable, filed with the Tribunal yesterday and attached hereto as Schedule A.

3The Parties’ undertakings are a continuing obligation. The City of Ottawa asks that any outstanding undertakings be fulfilled by the end of January 2023.

ORDER

4THE TRIBUNAL ORDERS that all outstanding undertakings be fulfilled by January 31, 2023.

“G. Burton”

G. BURTON

VICE-CHAIR

“D.S. Colbourne”

D.S. COLBOURNE

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.

SCHEDULE A

LOCAL PLANNING APPEAL TRIBUNAL

IN THE MATTER OF the Expropriations Act, R.S.O. 1990, c. E.26; and

IN THE MATTER OF an Arbitration

B E T W E E N:

536555 ONTARIO LIMITED and EMROS DEVELOPMENTS CORPORATION

(collectively the “Claimant”)

• and -

CITY OF OTTAWA

(the “City”)

TIMETABLE

BORDEN LADNER GERVAIS LLP Bay Adelaide Centre, East Tower 22 Adelaide St. West, Suite 3400 Toronto, Ontario M5H 4E3 Frank Sperduti (LSO# 40677N) Tel: 416.367.6243 Fax: 416.367.6749 Simon Fung (LSO# 70294F) Tel: 416.367.6129 Fax: 416.367.6749

WEIRFOULDS LLP TD Bank Tower 66 Wellington St. West, Suite 4100 Toronto, Ontario M5K 1B7 Sean Foran (LSO# 31047D) Tel: 416.947.5019 Fax: 416.365.1876 Abbey Sinclair (LSO# 64230C) Tel: 647.715.7065 Fax: 416.365.1876

Lawyers for the City

Lawyers for the Claimant

No.	Remaining Steps to be Completed	By which Party	Date to be Completed by

1. | Exchange Affidavit of Documents | All parties | July 31, 2020
2. | Mediation | All parties | TBD
3. | Examinations for Discovery | All parties | September 21 and 22, 2021
4. | Undertakings to be answered | All parties | October 29, 2021
5. | Any motions arising from Examinations or Undertakings to be scheduled | All parties | November 19, 2021
6. | Exchange of Witness List / Expert Witness Statements / Reports / Lay Witness Statements | All parties | February 28, 2023
7. | Exchange of Expert Reply Witness Statements / Reply Reports | All parties | March 31, 2023
8. | Request to Admit | All parties | 30 Days Before the Hearing
9. | Arrange for Court Reporter | The City | 15 Days Before the Hearing
10. | Hearing | | May 31 to June 20, 2023
11. | Joint Document Book | The City | 7 Days before the Hearing

The City and the Claimant, by their respective solicitors consent to the above Timetable.