Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 25, 2023
CASE NO(S).: OLT-22-004565
PROCEEDING COMMENCED UNDER subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Nivas Developments Ltd.
Respondent: Municipality of Grey Highlands
Description: Determination of compensation
Property Address: Part 1, 2 and 3 on Expropriations Act Expropriation Plan of Lot 101, Concession 1 N.E.T.S.R.
Municipality/UT: Municipality of Grey Highlands
OLT Case No.: OLT-22-004565
OLT Lead Case No.: OLT-22-004565
OLT Case Name: Nivas Developments Ltd. v. Grey Highlands (Municipality)
Heard: August 24, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Nivas Developments Ltd. ("Claimant") | Oleg Roslak |
| The Corporation of the Municipality of Grey Highlands | Edward Veldboom |
MEMORANDUM OF ORAL DECISION OF ROBERT G. ACKERMAN AND ORDER OF THE TRIBUNAL DATED AUGUST 24, 2023
INTRODUCTION
1This Hearing Event was the first Case Management Conference ("CMC") in this Arbitration brought under Section 26(1) of the Expropriations Act. The Claimant’s Notice of Arbitration and Statement of Claim were delivered on October 22, 2022, and the Respondent’s Reply was delivered on November 8, 2022. By email to the Tribunal’s Case Coordinator December 2, 2022, Counsel for the Respondent requested a CMC, which was scheduled for February 1, 2023. On January 23, 2023, the Tribunal granted the joint request of Counsel to adjourn the CMC to a date to be set, to allow the Claimant the required time to obtain an appraisal. On April 5, 2023, the Tribunal’s Case Coordinator followed up with both Counsel, by email, requesting a status update. Counsel replied by requesting that this CMC be scheduled.
2Counsel for the Claimant advised the Tribunal that settlement discussions have been underway and that there is currently a settlement offer by the Claimant, on the table. Counsel for the Respondent confirmed that an offer was outstanding, and advised the Tribunal that the offer would be on the agenda of his client’s Municipal Council for consideration at the Regular Council Meeting scheduled for September 20, 2023.
DECISION
3The Tribunal directs that the Parties return for a second CMC on September 25, 2023, at 10:00 a.m., to be held by Video Hearing ("VH"). Counsel is directed that, in the event that this Arbitration has not been settled, they are to submit a draft Procedural Order to the Case Coordinator by September 22, 2023, and to be prepared to set a date for a Hearing on the Merits.
4Accordingly, the Tribunal has set a CMC for: Monday, September 25, 2023, commencing at 10:00 a.m. by VH.
5Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
6Parties 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
7Persons 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) 497-9373 or (Toll Free) 1-888-299-1889. The access code is the same as the access code noted above.
8Individuals 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 Hearing 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.
9There will be no further notice of the second CMC.
10This Member is not seized.
11This is the Order of the Tribunal.
"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.