Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 15, 2024
CASE NO(S).: OLT-24-000507
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E. 27
Claimant/s: Meaghan Rhea Furlong and Pasquale Mancuso
Respondent: City of Toronto
Description: Determination of compensation
Property Address: 20 Branstone Road
Municipality: City of Toronto
OLT Case No.: OLT-24-000507
OLT Lead Case No.: OLT-24-000507
OLT Case Name: Furlong and Mancuso v. Toronto (City)
Heard: August 06, 2024 and August 27, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Meaghan Rhea Furlong
Pasquale Mancuso
Candace Mak
(“Claimants”)
City of Toronto
Vanessa Bacher
(“Respondent”)
Ebaadh Rizwani
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON AUGusT 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act. The Claim is brought by the Claimants against the Respondent and arises out of the expropriation of a permanent sub-surface easement running beneath the Claimants’ residential property at 20 Branstone Road for the construction of the Fairbank Silverthorn Storm Trunk Sewer System.
PROCEDURAL ORDER
2On August 6, 2024, Counsel advised the Tribunal that the Parties were in discussions but had not reached agreement with respect to the anticipated length of a Hearing on the merits, pre-Hearing timelines, and provisions set out in a draft Procedural Order (“PO”), Issues List (“IL”) and Order of Evidence. Counsel advised the Tribunal that they anticipated such agreement, with respects to a Merit Hearing and the provisions of a draft PO. Thus assured, the Tribunal ordered the CMC adjourned, to continue on August 27, 2024.
3Upon resumption of the CMC on August 27, 2024, Counsel advised the Tribunal that the Parties were content with the provisions of a draft Procedural Order (“PO”), including an Issues List and Order of Evidence, circulated by Counsel and provided to the Tribunal’s Case Coordinator prior to the resumption of the CMC, and that it had been agreed that a seven-day Hearing would be required.
4Following consultation respecting the Tribunal’s calendar and the availability of the Parties, Counsel and witnesses, a seven-day (7-day) Merit Hearing, to be held by video, was agreed upon, to commence on Monday, January 19, 2026 and set to conclude on Tuesday, January 27, 2026.
5The Tribunal has subsequently received and reviewed the revised draft of the PO, IL and Order of Evidence. The fixed dates for the Hearing on the merits and for the pre-Hearing timeline are now provided in the PO appended to this Decision, and the coordinates for the Hearings are set out below in this Decision.
6Appended to this Decision as Schedule 1 is the PO, which will now govern all further pre-hearing procedural requirements and the Hearing of the Arbitration.
7Appended to Schedule 1 to this Decision as Attachment 1, Attachment 2 and Attachment 3, are the List of parties, IL and Order of Evidence, which shall govern the conduct of the Hearing on the Merits.
HEARING DETAILS
8For the seven-day Merit Hearing, commencing on Monday, January 19, 2026 at 10 a.m. and continuing until Tuesday, January 27, 2026, the Parties are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
9Parties 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 at: https://app.gotomeeting.com/home.html.
10Persons 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 in paragraph [8] above.
11Individuals 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/s may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12THE TRIBUNAL ORDERS THAT the Procedural Order appended as Schedule 1 to this Decision shall govern the conduct of this proceeding.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.