Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 29, 2024
CASE NO(S).: OLT-23-000556 OLT-23-000607 OLT-24-000372 OLT-24-001130
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
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: Kirby Andersen and Zanesha Anderson 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 301 Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-001130 OLT Lead Case No: OLT-24-001130 OLT Case Name: Andersen v. Metrolinx
Heard: November 22, 2024, by Video Hearing
APPEARANCES:
Parties Counsel
Dermot Cleary ("Claimants") Sarah Spitz
Geoff Christou ("Claimants") Sarah Spitz
Constantine Tohme ("Claimants") Sarah Spitz
Kirby Andersen ("Claimants") Sarah Spitz
Metrolinx ("Respondent") Jessica Karban
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON November 22, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the continuation of the first Case Management Conference ("CMC") in these Applications for Compensation under s.26(1) of the Expropriations Act (the "Act") which was heard by this Member on November 1, 2024. The Claims arise out of the Expropriation of the entirety of the multi-unit commercial-residential property at 58 Stewart Street, in the City of Toronto ("Subject Property"), to facilitate the construction of the Ontario Line Subway Project. The CMC was adjourned at the first return to permit the filing of the Application for Compensation by Kirby Andersen. Both Counsel agree that these four Applications should be heard together.
PROCEDURAL ORDER
2Prior to the continuation for the CMC, Counsel for the parties obtained a block of time for a 20-day hearing from the Tribunal's Case Coordinator and have filed a fully completed draft Procedural Order ("PO") and Attachments. The draft PO provides for a hearing on the merits by video from Tuesday, September 9 to Monday, September 29, 2025, commencing at 10:a.m. The Tribunal has reviewed the draft PO and finds its terms to be acceptable.
3Appended to this Decision as Schedule A and Attachments 1, 2, 3 and 4 is the PO, which will now govern all further pre-hearing procedural requirements and the hearing of the Applications.
HEARING DETAILS
4The Tribunal orders and directs that the within Applications for Compensation be heard together in a fifteen-day video hearing, commencing at 10 a.m. on Tuesday, September 9, 2025, and continuing to Monday, September 29, 2025.
15-Day Merit Hearing, Tuesday, September 9, 2025 to Monday, September 29, 2025 at 10 a.m.
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Access code: 519-389-173
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only access code: 519-389-173
5Parties, witnesses and observers 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 provided above.
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.
Order
8The TRIBUNAL ORDERS THAT:
a. The Procedural Order appended as Schedule A to this Decision and Attachments shall govern the conduct of these Proceedings.
9There will be no further notice with respect to the two hearing events and the Panel Member is not seized.
10The Tribunal so Orders and provides these Case Management Conference directives for the purposes of the case management of these Proceedings.
11This Member will case manage these proceedings.
"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.
Schedule A