Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 27, 2024

CASE NO(S).: OLT-23-000832

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended.

Claimant: 1413857 Ontario Inc. O/A Firkin on Bloor

Respondent: City of Toronto

Description: Determination of compensation

Property Address: 81 Bloor Street East

Municipality: City of Toronto

OLT Case No.: OLT-23-000832

OLT Lead Case No.: OLT-23-000832

OLT Case Name: 1413857 Ontario Inc. O/A Firkin on Bloor v. Toronto (City)

Heard: November 5, 2024 by Video Hearing November 18, 2024 (in writing)

APPEARANCES:

Parties	Counsel
1413857 Ontario Inc. O/A Firkin on Bloor (“Claimant”)	Jeff Goldstein
City of Toronto (“Respondent”)	Ebaadh Rizwani

MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NOVEMBER 5, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Pre-Hearing Conference (“PHC”) in this Application for Compensation under the Expropriations Act, which is scheduled for a five-day Hearing on the Merits commencing on Monday, January 13, 2025, and concluding on Friday, January 17, 2025, was heard this day.

2Counsel for the Claimant, Mr. Goldstein, initially did not appear. The Tribunal’s Case Coordinator (“CC”) contacted Mr. Goldstein by email, and he appeared at 10:23 am., causing the Tribunal and Counsel for the City, Mr. Rizwani, to expend unnecessary time and resources while waiting for Counsel attendance, which is not acceptable. The Tribunal reminds all Counsel that, unless there are exceptional or unusual circumstances, the Tribunal expects that Counsel will:

a. attend all scheduled Case Management Conferences, including all Status Hearings (“CMC”, “SH”) and PHCs;

b. arrange for alternate counsel or agents to attend, or communicate promptly with staff regarding any sudden circumstances that would prevent the attendance of the lawyer of record at the CMC, SH or PHC; and,

d. attend the CMC, SH or PHC as scheduled, prepared and ready to assist in the effective case management of the proceeding.

4Counsel are reminded that the non-attendance of Counsel for a Party at a scheduled CMC allows the Tribunal to make such orders as are necessary to address such non-attendance or non-compliance with the Tribunal’s case management requirements pursuant to the Ontario Land Tribunal Act and the Statutory Powers Procedure Act.

STATUS OF THE PROCEDINGS

5The Tribunal reviewed with Counsel the identity of the expected witnesses at the Hearing, the anticipated evidence to be called, the position of the Parties respecting the quantum of damages and the delta between them. The Tribunal also reviewed with Counsel the availability of Tribunal-led Formal Mediation prior to the Hearing. Counsel advised that, pursuant to the provisions of the Procedural Order (“PO”), the expert witnesses for the Parties would be meeting on November 15, 2024, and that Counsel agreed that the outcome of the meeting of experts would indicate whether a settlement could be reached, and if so, that the Parties would consent to a Formal Mediation.

6As the Parties were in default of filing the Preliminary Hearing Plan (“PHP”) required by paragraph 26 of the PO, the Tribunal directed that the PHP be filed forthwith. In view of the pending meeting of the Parties’ experts the Tribunal Ordered that the PHC be adjourned to November 19, 2024, for consideration whether Formal Mediation should be ordered.

7Subsequently, on November 7, 2024, the CC received the PHP for filing from Counsel for the City, Mr. Rizwani, which indicated that the parties had agreed to shorten the Hearing to four days. On November 15, 2024, the CC received emails from Mr. Goldstein and Mr. Rizwani advising that the Application for Compensation had been tentatively settled and asking that the continuation of the PHC be adjourned, sine die, which request was granted.

8On November 18, 2024, the CC received further emails from both Counsel confirming that the Application has been settled and requesting that the dates scheduled for the Hearing be vacated, which has been done.

9Counsel for the Parties are to report to the CC regarding the completion of the settlement by December 12, 2024.

ORDER

10THE TRIBUNAL ORDERS that:

a. the Parties are to report to the Tribunal’s Case Coordinator respecting the completion of their settlement by Wednesday, December 12, 2024.

b. This Member will continue to case manage this proceeding.

“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.