Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 29, 2024
CASE NO(S).: OLT-23-000860
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Argiro Papanagnostou
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 449 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000860
OLT Lead Case No.: OLT-23-000860
OLT Case Name: Papanagnostou v. Metrolinx
Heard: January 9, 2024 via Video Hearing
APPEARANCES:
Parties
Counsel
Argio Papanagnostou (“Claimant”)
Al Burton
Ekaterini Papanagnostou
Matthew Furrow
Metrolinx (“Respondent”)
Ian Mathany
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON January 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the second Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act (the “Act”). The claim arises out of the Expropriation of the entirety of the Claimant’s property at 449 Queen Street West, Toronto (“Subject Property”), for the construction of the south entrance to the Queen/Spadina Ontario Line Subway Station. The Respondent caused a Notice of Arbitration to be delivered on August 29, 2023. A Statement of Claim has not been delivered on behalf of the Claimant.
2At the first CMC, Mr. Burton, Counsel for the Claimant, advised the Tribunal that the Claimant had passed away and that he had been taking instructions from the Claimant’s heirs until a Personal Representative can be appointed. At Mr. Burton’s request, and on the consent of Counsel for the Respondent, Mr. Mathany, the CMC was adjourned to this date. Mr. Burton advised the Tribunal that a Personal Representative for the Claimant has now been appointed, that he now has instructions, and that the claim was mediated without a settlement being reached.
3Mr. Furrow appeared before the Tribunal and advised that he is Counsel for Ekaterini Papanagnostou, who is the widow of the Claimant’s brother, Nick Papanagnostou. Mr. Furrow advised the Tribunal that it is his client’s position that her deceased husband co-owned the Subject Property with the Claimant and that she therefore had an interest in the Subject Property; hence, she has an interest in these Proceedings and in the compensation to be determined by the Tribunal and payable under the Act. Mr. Furrow advised that he is instructed to file an Application in the Superior Court of Justice to establish his client’s entitlement to an interest in the compensation, at which point he will seek to have her added as a Claimant in these Proceedings. Therefore, Mr. Furrow requested that the Tribunal grant an adjournment of this CMC to provide sufficient time for his client’s Application to the Court to be determined.
4Both Mr. Mathany and Mr. Burton indicated their consent to an adjournment. The Tribunal ordered that this CMC be adjourned to continue on Wednesday, March 6, 2024, at 10 a.m. In the event that terms for a settlement are reached, Counsel are instructed to notify the Tribunal’s Case Coordinator and the CMC will be cancelled.
CMC CONTINUATION – WEDNESDAY, March 6, 2024
5For the one-day Video Hearing, commencing on Wednesday, March 6, 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/765631861
Access code: 765-631-861
6Parties 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
7Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as mentioned above.
8Individuals 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.
9This Member will case manage this proceeding.
ORDER
10THE TRIBUNAL ORDERS THAT this CMC is adjourned to continue by Video Hearing on Wednesday, March 6, 2024 at 10 a.m.
“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.