Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 06, 2024
CASE NO(S).: OLT-21-001779, OLT-21-001780, OLT-21-001781
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Lissard Holdings Limited and Yorkdale Contract Interior Limited
Respondent: City of Toronto
Subject: Determination of compensation
Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension
Property Address: 77 St. Regis Crescent
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001779
OLT Lead Case No: OLT-21-001779
OLT Case Name: Lissard Holdings Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: 3685 Keele Street Ltd.
Respondent: City of Toronto
Subject: Determination of compensation
Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension
Property Address: 3685 Keele Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001780
OLT Lead Case No: OLT-21-001780
OLT Case Name: 3685 Keele Street Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Lissard Holdings Limited
Respondent: City of Toronto
Subject: Determination of compensation
Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension
Property Address: 3675-3677 Keele Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001781
OLT Lead Case No: OLT-21-001781
OLT Case Name: Lissard Holdings Limited v. Toronto (City)
Heard: February 23, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Lissard Holdings Limited and Yorkdale Contract Interior Limited
Shane Rayman Brynn Leger (in absentia)
3685 Keele Street Ltd.
Shane Rayman Brynn Leger (in absentia)
Lissard Holdings Limited
Shane Rayman Brynn Leger (in absentia)
City of Toronto
Aisling Flarity Christel Higgs (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 23, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to the following three claims for compensation (“Claims”) brought under section 26(b) of the Expropriation Act (“Act”):
a. OLT-21-001779: a claim by Lissard Holdings Limited and Yorkdale Contract Interior Limited, the owners of lands municipally described as 77 St. Regis Crescent in the City of Toronto (“City”), against the City, resulting from an expropriation with the effective date of September 23, 2010;
b. OLT-22-001780: a claim by 3685 Keele Street Ltd., the owners of lands municipally described as 3685 Keele Street in the City, against the City, resulting from an expropriation with the effective date of September 23, 2010; and
c. OLT-21-001781: a claim by Lissard Holdings Limited, the owners of lands municipally described as 3675-3677 Keele Street in the City, against the City, resulting from an expropriation with the effective date of September 22, 2010.
2The City expropriated portions of the lands described above in connection with the construction of the Toronto York Spadina Subway Extension in the City. The transit project is planned to extend 8.6 kilometres, and extend the existing subway infrastructure north and west, with six new subway stations from Downsview Station to the Vaughan Metropolitan Centre.
CLAIMS BEING HEARD TOGETHER
3The three matters are related with similar issues. As such, the Parties requested that an Order be made for the three matters to be heard together. Upon hearing submission from the Parties, the Tribunal agreed that this would be the appropriate course of action, and that the Claimants’ issues could be appropriately heard simultaneously. Thus, in the interest of a fair and expeditious proceeding, and in accordance with Rule 16.1 of the Tribunal’s Rules of Practice and Procedure, these three Claims will be heard together.
SECOND CASE MANAGEMENT CONFERENCE
4The Parties explained that they were in discussions in pursuit of a settlement agreement. As such, rather than scheduling a Hearing, they asked that a second CMC be scheduled to allow the Parties to continue their discussions in the hopes that no Hearing would be necessary. The Tribunal agreed and a second CMC has now been scheduled, by video hearing, to take place on Monday, June 3, 2024, commencing at 10 a.m.
5If the Parties do reach a final settlement agreement, the second CMC may not be necessary. The Parties were directed to advise the Tribunal at their earliest convenience should they resolve these Claims.
6Prior to the first CMC, the Parties provided a draft Procedural Order (“PO”) and Issues List (“IL”). However, in light of the productive discussions between the Parties and the second CMC being scheduled, it was agreed that the PO and IL would be put on hold. If the second CMC should be necessary, the Parties were directed to provide an updated PO and IL, or a status update to the Tribunal’s Case Coordinator, by Monday, May 27, 2024.
7The second CMC on Monday, June 3, 2024 at 10 a.m. is scheduled to proceed by video as follows:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
8On that date, 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. Parties 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.
9Persons 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: 1-888-299-1889 or +1 (647) 497-9373. The Access Code is same as mentioned above.
10Individuals 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.
ORDER
11The TRIBUNAL ORDERS as follows:
a. Tribunal Claims OLT-21-001779, OLT-21-001780, and OLT-21-001781 will be heard together in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
b. A second CMC is scheduled to take place by video hearing on Monday, June 3, 2024, at 10:00 a.m.
c. The Procedural Order and Issues List, or a status update, is to be provided to the Tribunal’s Case Coordinator by Monday, May 27, 2024.
12The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE 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.