Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE: September 15, 2023
CASE NO.: OLT-22-001448
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Eva Nemeth Respondent: City of Toronto
Subject: Land Compensation
Property Address/Description: 1230 – 1234 Weston Road
Municipality: City of Toronto
OLT Case No.: OLT-21-001448
OLT Lead Case No.: OLT-21-001448
OLT Case Name: Nemeth v Toronto (City)
BEFORE:
M. A. SILLS ) Friday, the 15th day of VICE-CHAIR ) ) September, 2023
Order
THIS MATTER having come before the Tribunal for a hearing on December 5 - 9, 2022, December 20, 2022, January 19, 2023 and February 28, 2023, by video hearing, and upon hearing the evidence and the submissions of counsel for the Claimant, Eva Nemeth (“Claimant”) and the Respondent, the City of Toronto,
THE TRIBUNAL ORDERS the City of Toronto to pay to the Claimant, Eva Nemeth, the former property owner of 1230-1234 Weston Road, in the City of Toronto (the “Property”), the sum of $4,326,350.00 representing the sum payable for the market value of the Property.
THE TRIBUNAL ORDERS that any sum paid to the Claimant pursuant to s. 25(b) of the Expropriations Act, shall be deducted from the compensation payable under paragraph 1.
THE TRIBUNAL ORDERS that the claim for damages attributable to disturbance under s. 13 of the Expropriations Act is dismissed.
THE TRIBUNAL ORDERS that the City of Toronto shall pay interest to the Claimant on the amount of $4,326,350.00 at the rate of six (6%) percent per year, in accordance with section 33 of the Expropriations Act, from the date of expropriation being June 26, 2017 to the date of payment.
THE TRIBUNAL ORDERS that the Respondent pay the Claimant’s reasonable legal, appraisal, land use planning and other costs incurred for the purpose of determining the compensation in accordance with s. 32 of the Expropriations Act, and that the quantum of costs be agreed or determined by the Assessment Office of the Ontario Superior Court of Justice.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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```