Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 20, 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:
October 18, 2023, by Video Hearing (“VH”)
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 OCTOBER 18, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing Event was the third Case Management Conference (“CMC”) in this Arbitration brought under Section 26(1) of the Expropriations Act. On September 25, 2023, the Parties attended before this Member on the return of the second CMC. As the Tribunal had directed, a draft Procedural Order (“PO”) had been submitted to the Case Coordinator prior to the second CMC. Mr. Veldboom had advised the Tribunal he has Council’s instructions, but that he has not had an opportunity to have further communications with Mr. Roslak. On the basis that negotiations were continuing, the Tribunal adjourned the second CMC to this date directing, that Counsel should be prepared to schedule a Hearing date and the terms of a PO in the event that this Arbitration had not been settled.
2Upon attendance this date, both Counsel advised the Tribunal that, while their clients have not yet reached a settlement, the positions of the Parties were “close”. The Tribunal inquired again whether the assistance of the Tribunal’s Mediation Group would be of assistance. Mr. Veldboom agreed, and advised the Tribunal that his client was agreeable. Mr. Roslak advised the Tribunal that he would recommend Mediation to his client and was hopeful that he could obtain the necessary instructions. In the event, that the Claimant is agreeable to a Mediation, Counsel agreed that they would file a Request to Mediate with the Tribunal’s Mediation Coordinator. The Tribunal and both Counsel agreed that this CMC should therefore be adjourned to Wednesday, November 1, 2023, at 10 a.m. for a fourth CMC by VH. In the event that the Parties have filed a Request to Mediate Counsel is directed to so notify the Case Coordinator and the CMC will be adjourned sine die. In the event that a Request to Mediate has not been filed, the fourth CMC shall proceed and Counsel must be prepared to schedule a Hearing date and to establish the terms of a PO.
3Accordingly the Tribunal has set a CMC for: Wednesday, November 1, 2023, commencing at 10 a.m. by VH.
4Parties and participants 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/909787981
Access code: 909-787-981
5Parties and participants 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
6Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 909-787-981.
7Individuals 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.
8There will be no further notice of the fourth CMC.
9This Member is not seized.
10This 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.