Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2024
CASE NO(S).: OLT-23-000915
PROCEEDING COMMENCED UNDER subsection 7 of the Expropriation Act, R.S.O. 1990, c. E. 26
Expropriating Authority: The Regional Municipality of Peel
Property Owner: Brentview Construction Limited
Description: Hearing of Necessity
Reference Number: To expropriate land for Airport Road improvement project
Property Address: 13123 Airport Road
Municipality/UT: Town of Caledon/Region of Peel
OLT Case No.: OLT-23-000915
OLT Lead Case No.: OLT-23-000915
OLT Case Name: Brentview Construction Limited v. Regional Municipality of Peel
Heard: January 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Regional Municipality of Peel | M. Owen-King |
| Brentview Construction Limited | G. Borean |
REPORT DELIVERED BY D.S. COLBOURNE AND ORDER OF THE TRIBUNAL
1This is a Report to the Expropriating Authority, the Regional Municipality of Peel (“Region” or "Authority") following the request of Brentview Construction Limited with respect to its property 13123 Airport Road, in Caledon, Ontario. The extent of the fee simple taking is Part 1 on Reference Plan No. 43R-40724.
2As set out in the Notice of Grounds, the purpose of the taking is for improvements to Airport Road. This consists of reconstruction and widening from two lanes to five lanes, including a continuous centre left turn lane, increased sight lines, new bridge and culverts, improved stormwater management and enhanced active transportation facilities. This is one of 80 properties required. The fee simple taking on the subject property runs the full frontage with a greater width at the south end to accommodate the larger replacement drain.
3This inquiry was held pursuant to section 7 of the Expropriations Act, R.SO. 1990 c. E. 26 (the “Act”) to determine whether the proposed takings by the Region are “’fair, sound and reasonably necessary in the achievement of the objectives of the Authority”, as the Act states or are “reasonably defensible”, as the courts have interpreted this test.
4The only witness called in this matter was Armin Naderi, on behalf of the Authority, who is the lead design and project manager. He outlined the increase from two to five lanes, including the centre median lanes, which is necessary to improve safety and to handle increasing traffic. It also involves storm water management, active transportation facilities and increasing sightlines at intersections and two roundabouts. All of this was set out visually at Tab 9 of the Region’s Book of Authorities.
5Specifically, the subject taking is mainly due to the drainage improvement and ditching purposes and additional lines for ditching and grading - road widening located at one of the contributories, Dean’s Culvert as part of the Salt Creek, which is being replaced.
6Tab 12 of the Region’s Book of Authorities showed the cross sections of the works, that are present and proposed, and why some depth is different for deeper grades to handle the water course flow. Current access to the property is through the property to the south.
7Gerard Borean called no evidence and his summation was “we understand the position put forward and we appreciate the explanation - we have no alternative.”
8In view of the only evidence of Mr. Naderi in support and in no other evidence, the Tribunal is satisfied that the proposal meets the test in the Act and the summation of it as set out by the courts that the proposed taking is “fair, sound and reasonably necessary in the achievement of the objectives of the Authority”. For the foregoing reasons, the taking attached to the Notice of Grounds is defensible in the achievement of the improvement to the road.
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
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.