Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 29, 2024

CASE NO(S).: OLT-24-000574, OLT-24-001015

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

Claimant: Bendale Parkway Limited

Respondent: Metrolinx

Description: Determination of compensation

Property Address: 685-697 McCowan Road

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000574

OLT Lead Case No.: OLT-24-000574

OLT Case Name: Bendale Parkway Limited v. Metrolinx

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

Claimant: Mirmor Investments Limited

Respondent: Metrolinx

Description: Determination of compensation

Property Address: 3091 Lawrence Avenue East

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-001015

OLT Lead Case No.: OLT-24-001015

OLT Case Name: Mirmor Investments Limited v. Metrolinx

Heard: November 21, 2024, by Video Hearing ("VH")

APPEARANCES:

Parties

Counsel

Bendale Parkway Limited Mirmor Investments Limited ("Claimants")

Shane Rayman Sarah Spitz

Metrolinx ("Respondent")

Brendan O'Callaghan Anna Lu

MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NOVEMBER 21, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Hearing event is the first Case Management Conference ("CMC") conducted in these two Applications for Compensation under the Expropriations Act, arising from the Expropriation of the fee simple interest in the properties located at the southeast corner of McCown Road and Lawrence Avenue East, Toronto, municipally known as 685-697 McCown Road, Toronto (the "Bendale Lands") and 3091 Lawrence Avenue East, Toronto (the "Mirmor Lands") (together "the Subject Properties"), for the purpose of constructing and operating the Scarborough Subway Extension Project.

ADJOURNMENT REQUEST

2Counsel for the Claimants, Mr. Rayman, advised the Tribunal that Mr. Foran, who previously represented the Claimants, has withdrawn due to a conflict of interest and that he and Ms. Spitz now act, but require time to familiarize themselves with the proceedings. Mr. Rayman therefore requested that the CMC be adjourned to afford the necessary time. Counsel for Metrolinx, Mr. O'Callaghan advised the Tribunal that he did not oppose the adjournment request and added that he and the Claimants' previous counsel had agreed that the two Applications should be heard together. He submitted that the CMC should also be adjourned for the additional reason that a third Application for Compensation is expected to be filed on behalf of Shoppers Drug Mart, a former tenant at the Subject Properties, which should also be heard together with the two current Applications.

3The Tribunal agreed that in the circumstances, the CMC should be adjourned and following consultation respecting the calendars of all counsel and the Tribunal, it was agreed to adjourn the CMC to Wednesday, January 22, 2025, by VH.

CMC DETAILS

4For the one-day CMC by VH, commencing on Wednesday, January 22, 2025, at 10 a.m. the Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access code: 656-004-293

5Parties 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

6Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (toll-free) 1-888-299-1889. The access code is: 656-004-293.

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 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.

ORDER

8THE TRIBUNAL ORDERS THAT the Case Management Conference is adjourned to continue on January 22, 2025.

9This Member will case manage these proceedings.

"Robert G. Ackerman"

ROBERT G. ACKERMAN

MEMBER

Ontario Land Tribunal

Website: 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.