Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 22, 2024
CASE NO(S).: OLT-22-002374
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: United Parcel Service Canada Ltd.
Respondent: Regional Municipality of York
Description: Determination of compensation
Reference Numbers: Expropriation Plan YR1589373
Property Address: 2900 Steeles Avenue West
Municipality/UT: Vaughan/York
OLT Case No.: OLT-22-002374
OLT Lead Case No.: OLT-22-002374
OLT Case Name: United Parcel Service Canada Ltd. v. York (Regional Municipality)
Heard: March 05, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
United Parcel Service (“UPS”)
Tara Piurko
Regional Municipality of York (“York”)
Chris Tzekas
DECISION DELIVERED BY WILLIAM MIDDLETON AND ORDER OF THE TRIBUNAL
1This matter came on for the second Case Management Conference (“CMC”), held by telephone conference call on March 5, 2024.
2The first CMC and the background to this matter was summarized in the Decision issued June 27, 2023 and need not be repeated here.
3Essentially, the Parties have been attempting to negotiate an overall resolution of this matter since the first CMC and profess to be making good progress toward that outcome.
4However, the Parties will likely undertake mediation to assist their efforts. At this stage they are unsure whether they will arrange a private mediator or whether they will seek the assistance of the OLT mediation group.
5Because the Parties’ counsel indicated that there are a couple of discrete legal issues that need to be resolved, the Tribunal suggested that they also consider whether they might appropriately frame those issues on a motion which could be heard in person, perhaps with client representatives attending. Then, the Parties would have the possibility of obtaining at least an interim ruling from the OLT on the key issues which may in turn assist their ongoing settlement discussions.
6The Parties will advise the Tribunal by the end of March, 2024 if they wish to arrange mediation through the OLT. Otherwise, they requested that the Tribunal schedule another CMC in May 2024 in order to keep the Tribunal apprised of whether they have reached a settlement or whether they need to proceed further with this litigation.
7The Tribunal has scheduled a further CMC, to be held by video, on Thursday, May 16, 2024 at 10 a.m.
8Parties and Participants are asked to log in to 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/660145013
Access code: 660-145-013
9Parties and Participants 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
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 660-145-013.
11Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12THE TRIBUNAL ORDERS THAT:
(a) the third Case Management Conference shall be held as scheduled;
(b) the Parties shall notify the Tribunal by March 29, 2024 if they wish to proceed with mediation utilizing the Tribunal’s mediation facilities; and
(c) This Vice Chair shall remain available to case manage this proceeding, subject to the Tribunal’s calendar requirements.
“William Middleton”
WILLIAM MIDDLETON
VICE CHAIR
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.