Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 18, 2023
CASE NO(S).: OLT-22-004244 OLT-22-004245
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Giuseppe Raso, Rosa Raso, Angelo Raso, Triestina Raso and Michele Raso Respondent: Regional Municipality of Peel Subject: Determination of compensation Description: The Claimants are seeking compensation from the Region for expropriating their land for improving and widening of a section of Mayfield Road between Airport Road and Coleraine Drive. Property Address: 7743 Mayfield Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-004244 OLT Lead Case No: OLT-22-004244 OLT Case Name: Raso v. Peel (Region)
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Giuseppe Raso, Rosa Raso, Angelo Raso Triestina Raso, Michele Raso Respondent: Regional Municipality of Peel Subject: Determination of compensation Description: The Claimants are seeking compensation from the Region for expropriating their land for improving and widening of a section of Mayfield Road between Airport Road and Coleraine Drive. Property Address: 16 acres - North Side of Mayfield Road Municipality/UT: Brampton/ Peel OLT Case No: OLT-22-004245 OLT Lead Case No: OLT-22-004245 OLT Case Name: Raso v. Peel (Region)
Heard: July 14, 2023, by Telephone Conference Call ("TCC")
APPEARANCES:
Parties Guiseppe Raso, Rosa Raso, Angelo Raso, Triestina Raso, and Michele Raso ("Claimants")
Counsel Adriana Di Biase
Parties Regional Municipality of Peel
Counsel Julie Lesage
MEMORANDUM OF ORAL DECISION DELIVERED BY Robert G. Ackerman ON JULY 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing Event was a Status Hearing by Telephone Conference Call ("TCC") in this Arbitration brought under s. 26(1) of the Expropriations Act. The Claimants' Notice of Arbitration and Statement of Claim was delivered on August 05, 2022, and the Respondent's Reply was delivered on October 22, 2022. As no further steps had been taken by the Parties, the Tribunal's Case Coordinator contacted counsel by email on April 03, 2023, requesting a status update, and the Tribunal receiving no response by May 03, 2023, scheduled this Status Hearing.
2Counsel for the Claimants advised the Tribunal that settlement discussions have been underway and that there is currently a settlement offer by the Claimants on the table. Counsel for the Respondent confirmed that an offer was outstanding, but advised that she was unable to obtain instructions from her client's representative until that person returned from vacation. Counsel for the Region advised that she expected to have instructions by September 06, 2023.
3Counsel for the Parties agreed, and the Tribunal orally directed, that the Parties return for a Case Management Conference on September 06, 2023, at 10 a.m., to be held by Video Hearing ("VH"). Counsel were directed that, in the event that the Arbitration has not been settled, they are to submit a draft Procedural Order to the Case Coordinator by September 05, 2023, and to be prepared to set a Hearing date at the CMC.
4Subsequently the Case Coordinator received a joint request from Counsel to adjourn the CMC to October 27, 2023, as the Parties were engaged in settlement discussions. The adjournment request came before this Member, and the Case Coordinator was instructed to communicate the following to both Counsel:
The Case Management Conference is adjourned to October 27, 2023, at 10:00 a.m., to be held by Video Conference Call ("VCC"). Counsel are directed that, in the event that the Arbitration has not been settled, they are to submit a draft Procedural Order to the Case Coordinator by October 23, 2023, and to be prepared to set a Hearing date at the CMC.
DECISION
5The Tribunal therefore directs that the Parties return for a Case Management Conference ("CMC") on October 27, 2023, at 10 a.m., to be held by VH. Counsel are directed that, in the event that the Arbitration has not been settled, they are to submit a draft Procedural Order to the Case Coordinator by October 26, 2023, and to be prepared to set a Hearing date at the CMC.
6Accordingly, the Tribunal has set a CMC for: Friday, October 27, 2023, commencing at 10 a.m. by VH.
7Parties 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/656004293
Access code: 656-004-293
8Parties 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
9Persons 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 656-004-293.
10Individuals 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 CMC 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.
11There will be no further notice of the second CMC.
12This Member is not seized.
13This 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.