Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2023
CASE NO(S).: OLT-22-004565
PROCEEDING COMMENCED UNDER subsection 26(1) 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: 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: September 25, 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 DELIVERED BY ROBERT G. ACKERMAN ON SEPTEMBER 25, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This hearing event was the second Case Management Conference (“CMC”), in this Arbitration, brought under s. 26(1) of the Expropriations Act. On August 24, 2023, the Parties attended before this Member on the return of the first CMC. Mr. Roslak, Counsel for the Claimant, advised the Tribunal that settlement discussions have been underway and that there was a settlement offer by the Claimant on the table. Mr. Veldboom, 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. The Tribunal directed that the Parties return for a second CMC on this date, and that, in the event the Arbitration had not been settled, to submit a draft Procedural Order (“PO”) to the Case Coordinator by September 22, 2023, and to be prepared, at the CMC, to set a date for a Hearing on the Merits. The draft PO was submitted to the Case Coordinator as required. Mr. Veldboom advised the Tribunal that this matter and the Claimant’s offer did come before Council on September 20, 2023, that he has Council’s instructions, but that he has not had an opportunity to have further communications with Mr. Roslak. Both Counsel expressed optimism with respect to the prospects for settlement. The Tribunal inquired whether the Tribunal’s mediation group could be of assistance and both Counsel declined, indicating that two or three more weeks are required to complete negotiations. The Tribunal and both Counsel agreed that this CMC should therefore be adjourned to Wednesday, October 18, 2023, at 10 a.m. by Video Hearing. In the event that this Arbitration has not settled, Counsel are directed to be prepared to schedule a Hearing date and to settle the terms of the PO on Wednesday, October 18, 2023.
DECISION
2Accordingly, the Tribunal has set a CMC for Wednesday, October 18, 2023, commencing at 10 a.m. by Video Hearing.
3Parties 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/687587165
Access code: 687-587-165
4Parties 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
5Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
6Individuals 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.
ORDER
7There will be no further notice of the third Case Management Conference.
8This Member is not seized.
9This 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.