Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 12, 2024
CASE NO.: OLT-23-000851
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: James Yi-Ming Cha
Respondent: Metrolinx
Description: Determination of compensation
Reference Number: AT6058346
Property Address: 455 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000851
OLT Lead Case No.: OLT-23-000851
OLT Case Name: James Yi-Ming Cha v. Metrolinx
ORDER
BEFORE: S. BRAUN, VICE-CHAIR
Tuesday, the 10th day of December, 2024
THE TRIBUNAL having conducted a first Case Management Conference on December 10, 2024, by video hearing (with the Parties listed in Attachment 1 in attendance) in the above noted matter, which concerns an appeal pursuant to s. 26(1) of the Expropriations Act ("Act");
AND THE TRIBUNAL having been advised that, on April 27, 2022, Metrolinx registered Plan of Expropriation No. AT6058346 on title to the property municipally known as 455 Queen Street West, Toronto, Ontario and legally described as PIN 21239-0264 (LT): PT LT 5 S/S QUEEN ST, 6 S/S QUEEN ST PL D46 TORONTO PT 1 & 3, 63R2925; CITY OF TORONTO;
AND THE TRIBUNAL having been further advised that, pursuant to s. 25 of the Act, Metrolinx served a formal offer of compensation in the amount of $5,200,000.00 on the Claimant, James Yi-Ming Cha, along with other registered owners of the aforementioned property;
AND THE TRIBUNAL having been further advised that, on July 26, 2022, pursuant to Rule 26.8 of the Tribunal's Rules of Practice and Procedure ("Rules"), Metrolinx served a Notice of Arbitration on August 29, 2023 and, to date, the Claimant has not yet served a Statement of Claim;
AND THE TRIBUNAL having been asked, pursuant to Rule 26.9, to accommodate the schedule of the Claimant's experts and counsel to allow a Statement of Claim to be served in early 2025;
AND THE TRIBUNAL having heard no objection to the request for such accommodation from Metrolinx;
AND THE TRIBUNAL having been advised by counsel for both Parties that they anticipate submitting a draft Procedural Order on consent one week following the Reply to the Statement of Claim which will be served by Metrolinx in accordance with the Rules;
AND THE TRIBUNAL having directed that, unless the Parties request otherwise, a second Case Management Conference will not be held in this proceeding and instead, the Parties are to request hearing dates be scheduled administratively following the review and approval of the aforementioned draft Procedural Order;
NOW THEREFORE THE TRIBUNAL ORDERS THAT:
The Claimant shall serve and file a Statement of Claim no later than Friday, January 31, 2025;
The Respondent shall serve and file a Reply to the Statement of Claim in accordance with the Tribunal's Rules of Practice and Procedure;
The Parties shall submit a draft Procedural Order for the Tribunal's review and approval no later than one week following service of the aforementioned Reply, along with a request for the Tribunal to administratively schedule hearing dates in accordance with the estimated number of days required specified within the draft Procedural Order.
"Euken Lui"
EUKEN LUI
ACTING REGISTRAR
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.
ATTACHMENT 1
Attendance List
Parties
Counsel
James Yi-Ming Cha
G. LaVictoire
J. Priest
Metrolinx
A. Granato