Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 28, 2024
CASE NO(S).: OLT-23-000860
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Argiro Papanagnostou
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 449 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000860
OLT Lead Case No.: OLT-23-000860
OLT Case Name: Papanagnostou v. Metrolinx
Heard: October 22, 2024 via Video Hearing
APPEARANCES:
Parties
Counsel
Argio Papanagnostou, deceased (“Claimant”)
Al Burton
Metrolinx (“Respondent”)
Aisling Flarity
Alyssa Granato
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON OCTOBER 22, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the third continuation of the second Case Management Conference (“CMC”) in this Claim for compensation under s.26(1) of the Expropriations Act (the “Act”). The claim arises out of the Expropriation of the entirety of the Claimant’s property at 449 Queen Street West, Toronto (“Subject Property”), for the construction of the south entrance to the Queen/Spadina Ontario Line Subway Station. The Respondent caused a Notice of Arbitration to be delivered on August 29, 2023. A Statement of Claim has yet to be delivered on behalf of the Claimant.
THE OWNERSHIP OF THE SUBJECT PROPERTY IS DISPUTED
2The first CMC was adjourned on consent as the Claimant had passed away and a personal representative had yet to be appointed. The second CMC was adjourned on consent to March 6, 2024, to permit the non-party, Ekaterini Papanagnostou (“Ekaterini”), the time required to commence an Application in the Ontario Superior Court of Justice (“SCJ”) to determine her claim to an interest in the Subject Property.
3Upon resuming the CMC on March 6, 2024, the Tribunal was advised that the Application had been filed with the SCJ, but that the first return date was yet to be scheduled. Counsel for Ekaterini advised the Tribunal that his client is seeking a Declaration that her husband, who is deceased, was the sole beneficial owner of the Subject Property, and that accordingly, she is solely entitled to receive the compensation payable under the Act.
4The Tribunal advised all Counsel that, in view of nature of the relief being claimed in the SCJ Application, the claims arising from the Expropriation likely could not proceed until the Application has been decided, as the identity of the proper Claimant or Claimants will not be known until the Application has either been determined or otherwise resolved.
5The Tribunal was advised that the first return date for the Application would be by the end of May 2024, and on consent, the Tribunal adjourned the CMC to continue on June 20, 2024. The Tribunal encouraged Counsel to work with their clients to attempt to resolve the issues in the Application as, so long as it was outstanding and unresolved, it would be likely that the land compensation proceedings could not move ahead.
6Upon the return of the CMC on June 20, 2024, the Tribunal was advised that the first return for the Application was scheduled for August 1, 2024, in the SCJ. The Tribunal was also advised that an Estate Trustee for the Claimant had not yet been appointed due to the ownership issue underlying the contested SCJ Application and that the determination of an Appointment of Estate Trustee, was dependent upon the determination of the Application by either Decision or settlement. Counsel for the Claimant and the Non-Party asked that a Hearing date be scheduled, but Counsel for Metrolinx objected on the basis that the identity of the proper Claimant and the nature of the issues remained unclear as a Statement of Claim had not been filed. Accordingly, the Tribunal ordered the adjournment of the CMC to October 22, 2024.
7On October 17, 2024, the Tribunal’s Case Coordinator (“CC”) received an email from Mr. Burton, Counsel for the Claimant, which enclosed an Endorsement by Justice Faieta of the SCJ dated October 16, 2024, and an Order of the same date, appointing Angelique Moss as Estate Trustee for the estate of the Claimant:
for the limited purpose of advancing claims and instructing counsel in the ongoing proceeding under Section 26(b) (sic.) of the Expropriations Act before the Ontario Land Tribunal case number OLT-23-000860 and that Angelique Moss may retain and instruct counsel for this purpose.
8Mr. Burton’s email also enclosed a draft Procedural Order (“PO”) indicating a proposed five-day Hearing beginning on September 8, 2025.
9Upon the return of the CMC on October 22, 2024, Ms. Flarity appearing on behalf of Metrolinx advised the Tribunal that her client objects to the scheduling of a Hearing date until pleadings have been exchanged and closed. Ms. Flarity also advised that a five-day Hearing may not be sufficient as the improvements on the Subject Property were subject to a Heritage designation, and that in addition to market value, the Tribunal may be required to determine business loss, planning and heritage issues.
10Over the objections of Mr. Burton, the Tribunal ordered that the CMC be adjourned once more, to Wednesday, December 4, 2024, at 10 a.m. and that the Claimant deliver its Statement of Claim by November 8, 2024, and that the Respondent deliver its Reply by November 28, 2024. Counsel were instructed to be prepared at the return of the CMC, to schedule a Hearing on the Merits and to establish the terms of a PO, including the pre-Hearing Procedural Timetable.
11This Member is case managing this Proceeding. In the event where the Parties reach agreement on the length and dates for the Hearing and the terms of the PO by December 2, 2024, Counsel are directed to advise the CC and provide a fully completed draft PO, in which case the return date for the CMC will be cancelled and the PO issued by order of this Member.
CMC CONTINUATION – WEDNESDAY, DECEMBER 4, 2024
12For the one-day Video Hearing, commencing on Wednesday, December 4, 2024 at 10 a.m., the Parties are asked to log in to the Video Hearing at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
13Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (toll-free) 1-888-455-1389. The access code is: 442-599-157.
15Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
16This Member will case manage this proceeding.
ORDER
17THE TRIBUNAL ORDERS THAT:
a. this CMC is adjourned to continue by Video Hearing on Wednesday, December 4, 2024 at 10 a.m.
b. The Claimant is to deliver its Statement of Claim by November 8, 2024;
c. The Respondent is to deliver its Reply by November 28, 2024.
“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.