Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 05, 2024
CASE NO(S).:
OLT-23-001261
PROCEEDING COMMENCED UNDER subsection 17(4) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4
Claimant:
Capital Paving Inc.
Respondent:
Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc.
Subject:
Claim for Compensation
Municipality:
Region of Waterloo
OLT Case No.:
OLT-23-001261
OLT Lead Case No.:
OLT-23-001261
OLT Case Name:
Capital Paving Inc. v. Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc (Enbridge Gas)
Heard:
March 22, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Capital Paving Inc.
Darcia Perry
Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc.
Justin Martin
MEMORANDUM OF ORAL DECISION DELIVERED BY W. daniel best ON march 22, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above-noted matter. Capital Paving Inc. (“Claimant”) has filed a Claim for Compensation (“Claim”) against Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc. (“Respondent”) pursuant to s. 17(4) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4 (“OUINS Act”).
2The Claimant is seeking compensation for lost revenue, unrecovered overhead costs, lost profit, underutilization of equipment, and labour, as well as any related costs for the period Monday, May 9, 2022 to Monday, June 13, 2022, due to delays caused by the Respondent’s failure to provide locates within five business days in accordance with s. 6(3) of the OUINS Act.
3The Respondent’s Counsel stated that there should be three additional Claims for Compensation against Members as defined in s. 5(1) of the OUINS Act.
4The Respondent’s Counsel stated that at this time, any discussion regarding a possible monetary settlement and/or mediation is premature because of the outstanding issues regarding causation and damages.
5The Claimant’s Counsel submitted that additional Members could be served with a Claim for Compensation by April 30, 2024.
6A second CMC will be scheduled to receive a status update from the Parties, and a draft Procedural Order (“PO”) and Issues List (“IL”) will be submitted to the Tribunal for review. It is expected that a Merit hearing date will be set at the CMC.
7Based on the foregoing, a second CMC has been scheduled to commence at 10 a.m. on Tuesday, May 28, 2024.
8Parties, Participants, and interested person 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.
9The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
10Parties and Participants and interested person 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
11Persons 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 as indicated above.
12Individuals 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 may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13THE TRIBUNAL ORDERS the directions contained in this Decision.
14The Member is seized and may be contacted through the Case Coordinator should procedural issues arise.
“W. Daniel Best”
W. DANIEL BEST
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.