Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 28, 2024
CASE NO(S).: OLT-24-000620
PROCEEDING COMMENCED UNDER subsection 7 of the Expropriations Act, R.S.O. 1990, c. E.26.
Expropriating Authority: The Corporation of the City of London
Owner: 829872 Ontario Limited
Owner: Ithayan Bavan and Aruljothi Bavan
Owner: Nicholas Brandon Ferguson-Newman
Subject: Hearing of Necessity
Description: Expropriation - Rapid Transit East London Link
Property Address: Various Addresses
Municipality/UT: London/Middlesex
OLT Case No: OLT-24-000620
OLT Lead Case No: OLT-24-000620
OLT Case Name: 829872 Ontario Limited v London (City)
Heard: September 13, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
City of London (“City”)
Christina McCreery
Ithayan Bavan & Aruljothi Bavan
Katyrina Zielinski
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY DOUGLAS S. COLBOURNE AND JACKIE DENYES
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a Decision or Order, the Decision and Order (“Decision”) issued on October 10, 2024 is hereby amended.
2By deleting paragraph [1] from the Decision and replacing it with the following paragraph:
1This is a report to the Expropriating Authority, City of London, following a Hearing of Necessity at the request of Ithayan Bavan and Aruljothi Bavan (“Appellants”) with respect to their property municipally known as 1390 Oxford Street East in the City of London, Ontario, as Part of Lot 21, Registered Plan 696 in the City of London, County of Middlesex, designated as Part 9, 10 and 11 on Plan 33R-21810 being Part of PIN 08105-0024 (LT) (the “Subject Property”), for the purposes of the completion of the Rapid Transit East London Link Project Phase 4 and namely; to provide a dedicated bus rapid transit lanes, while improving the corridor and infrastructure to the East-West link in the City.
3And by deleting paragraph [7] from the Decision and replacing it with the following paragraph:
7Mr. Spahiu outlined the portion of Phase 4 of the Project related to the Subject Property will introduce two rapid transit lanes to a total of five general traffic lanes and two bus rapid transit lanes; the objective being to increase traffic frequency and reliability while improving the capacity of general traffic lanes by removing buses from general traffic lanes. Phase 4 also will increase the right-of-way along Oxford Street, provide new signalized intersections, construct centre medians, integrate active transportation facilities and enhance pedestrian and streetscape elements. He indicated acquisitions along both the North and South side of Oxford Street East are required for the purposes of Phase 4. He further indicated Phase 4 will repair and replace underground infrastructure and update private utility services to support infrastructure renewal, population growth, re-development, and revitalization along Oxford Street East.
4And by deleting paragraph [8] from the Decision and replacing it with the following paragraph:
8Mr. Spahiu testified intersection widening and improvements impacts the southern portion of the Subject Property. A partial acquisition in the amount of 79.65 m2 (857.32 ft2) is required from the southern portion of the Subject Property to accommodate the spatial requirements of the widened roadway and for active transportation facilities. The Subject Property is located near the intersection of Oxford Street East and London Lane, and the partial acquisition will be required to facilitate corridor improvements.
5And by deleting paragraph [9] from the Decision and replacing it with the following paragraph:
9The City further requires 46.41 m2 (499.55 ft2) on the Subject Property for a 36-month temporary construction easement, following which the land will be fully restored and returned to the owner. It was the opinion of the City that the building improvements on the Subject Property will not be impacted by the partial land acquisition or the temporary construction easement. Mr. Spahiu further testified that measures to mitigate the impacts to the Subject Property have been taken.
6And by adding paragraph [10] into the Decision with the following:
10The City further requires 11.04 m2 (118.83 ft2) for the purposes of a permanent hydro easement toward the southwest of the Subject Property to relocate the hydro pole, property hydro services and guy wire.
7In all other respects, the Tribunal’s Decision remains the same.
“Douglas Colbourne”
DOUGLAS S. COLBOURNE
VICE-CHAIR
“Jackie Denyes”
JACKIE DENYES
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.