Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2024
CASE NO(S).: OLT-22-004570
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: 1287363 Ontario Limited
Respondent: His Majesty the King in Right of the Province of Ontario, as represented by the Ministry of Transportation
Subject: Determination of compensation
Property Address: 304 Dunlop Street
Municipality/UT: City of Barrie/ County of Simcoe
OLT Case No.: OLT-22-004570
OLT Lead Case No.: OLT-22-004570
OLT Case Name: 1287363 Ontario Limited v. HMK in Right of Ontario (Minister of Transportation)
Heard: November 16, 2023 by Telephone Conference Call ("TCC") and February 29, 2024 in writing
APPEARANCES:
Parties
Counsel
1287363 Ontario Limited
John S. Doherty
("Claimant")
His Majesty the King in Right of
Timothy Gindi
Ontario as represented by the
Minister of Transportation
("Respondent")
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 29, 2024 AND ORDER OF THE TRIBUNAL
1This matter came before this Member for a Status Hearing ("SH") on November 16, 2023. By Order of Vice-Chair Lanthier dated March 20, 2023, a seven-day Hearing on the Merits had been set to begin on February 5, 2024, by Video Hearing, and the SH by TCC was Ordered for November 16, 2023.
2Upon convening the SH, Counsel for the Claimant, Mr. Doherty, advised the Tribunal that a tentative settlement had been reached by the Parties. Counsel for the Respondent, Mr. Gindi, confirmed that a tentative settlement had been reached. He advised that he required some time to obtain the Respondent's approval. On consent, the Tribunal adjourned the SH to December 12, 2023, and this Member agreed to case manage the proceeding.
3On December 11, 2023, the Tribunal's Case Coordinator received an email from Mr. Doherty, copied to Mr. Gindi, informing the Tribunal that a comprehensive settlement of the Claim had been reached. On consent of both Counsel, the SH was canceled by Vice-Chair Sills.
4On February 29, 2024, the Tribunal's Case Coordinator received written confirmation of the settlement's completion and the Consent, signed by Counsel for both Parties, to an Order dismissing the Claim, and Certification that no Party hereto is under any form of disability.
5On the foregoing findings, the Tribunal will grant the Parties' request to dismiss the claim.
ORDER
6Th claim of 1287363 Ontario Limited is dismissed.
"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.
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