Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 8, 2024
CASE NO(S).: OLT-24-000372, OLT-23-000556, OLT-23-000607
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Constantine Tohme Respondent: Metrolinx Subject: Determination of compensation Description: To facilitate the construction of the Ontario Line transit project. Reference Number: AT6051013 Property Address: 58 Stewart Street, Unit 14 Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000372 OLT Lead Case No: OLT-24-000372 OLT Case Name: Tohme v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Dermot Cleary Respondent: Metrolinx Description: Determination of compensation Reference Number: Plan of Expropriation AT6051013 Property Address: 58 Stewart Street Municipality: City of Toronto OLT Case No.: OLT-23-000556 OLT Lead Case No.: OLT-23-000556 OLT Case Name: Cleary v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Geoff Christou Respondent: Metrolinx Subject: Expropriation / Land Compensation Description: To facilitate construction of the Ontario Line transit project. Reference Number: AT6051013 Property Address: 58 Stewart Street, Unit 13 Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-000607 OLT Lead Case No: OLT-23-000607 OLT Case Name: Christou v. Metrolinx
Heard: November 1, 2024 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dermot Cleary, Geoff Christou, Constantine Tohme (“Claimants”) | Leah Cummings |
| Metrolinx (“Respondent”) | Jessica Karban |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON November 1, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) in these three Claims for compensation under s.26(1) of the Expropriations Act (the “Act”) arising out of the Expropriation of the entirety of the multi-unit commercial-residential property at 58 Stewart Street, Toronto (“Subject Property”), to facilitate the construction of the Ontario Line Subway project.
2Prior to the return of the Notice of CMC, the Tribunal’s Case Coordinator received an email from Counsel for the Claimant, advising that there are three other claims arising out of the same taking in which Claimant’s Counsel acts on behalf of all four claimants, and that Counsel for Metrolinx has agreed that all four claims be heard together. The other claims are brought by Dermot Cleary (OLT-23-000556), Geoff Christou (OLT-23-000607) and Kirby Andersen (Notice of Arbitration & Statement of claim to be filed). Prior to the CMC, Ms. Cummings, Counsel for the Claimants, provided the Tribunal’s Case Coordinator (“CC”) with a draft Procedural Order (“PO”) proposing a 15-day Hearing for the four claims in September 2025, and providing that the Kirby Andersen Notice of Arbitration & Statement of Claim will be filed by November 15, 2024.
3In response to the Tribunal’s inquiry, Ms. Cummings provided her undertaking to deliver the Notice of Arbitration & Statement of Claim on behalf of Kirby Andersen by November 15, 2024,
4In response to the Tribunal’s inquiry, Ms. Cummings advised that, to avoid duplication at the Hearing, there would be commonality of evidence on behalf of the Claimants to the extent possible, and that a single expert from each required filed of expertise, would be engaged to provide opinion evidence on behalf of the Claimants at the Hearing.
5In response to the Tribunal’s inquiry Counsel advised that the Parties have agreed to Mediate all claims by June 20, 2025, after the exchange of all expert reports.
6Following consultation respecting the Tribunal’s calendar and the availability of the Parties, Counsel and witnesses, a 15-day Hearing on the Merits, by video conference was agreed upon, commencing on Tuesday, September 9, 2025, to Monday, September 29, 2025.
7As the Kirby Andersen Notice of Arbitration & Statement of Claim is yet to be filed, the Tribunal ordered that the CMC be adjourned to continue on November 22, 2024, and directed Counsel to file a completed version of the draft PO with the CC prior to the return of the CMC on November 22nd, and if satisfactory, this Member will make an Order that the four claims be heard together and confirming the Hearing dates, and issue the PO in which case the return date for the CMC will be cancelled without the necessity of attendance by Counsel.
CMC CONTINUATION – FRIDAY, NOVEMBER 22, 2024
8For the one-day Video Hearing, commencing on Friday, November 22, 2024, at 10 a.m., the Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
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: 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) 1-888-289-1889 or +1 (647) 497-9373. The access code is the same as mentioned 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 may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12This Member will case manage these proceedings.
ORDER
13THE TRIBUNAL ORDERS THAT
a. this CMC is adjourned to continue by Video Hearing Friday, NOVEMBER 22, 2024, at 10 a.m.
b. The Counsel for the Claimants is to deliver its Statement of Claim by Friday, November 15, 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.