Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 04, 2024

CASE NO(S).: OLT-23-000790

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended ("Act")

Claimant: Atlantic Packaging Holdings Ltd.

Respondent: Metrolinx

Description: Determination of compensation

Property Address: 36 Overlea Boulevard

Municipality: City of Toronto

OLT Case No.: OLT-23-000790

OLT Lead Case No.: OLT-23-000790

OLT Case Name: Atlantic Packaging Holdings Ltd. v. Metrolinx

Heard: March 18, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

Atlantic Packaging Holdings Ltd. ("Atlantic")

P. Scargall I. Wong

Metrolinx

B. O’Callaghan

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON MARCH 18, 2024 AND ORDER OF THE TRIBUNAL

1This proceeding involves an expropriation commenced by Metrolinx on November 10, 2022, concerning the property located at 36 Overlea Boulevard in the City of Toronto, and owned by Atlantic. A first Case Management Conference was held on March 18, 2024.

2The Parties have made some progress towards a resolution, as Atlantic has recently accepted an offer made by Metrolinx on February 1, 2023 under s. 25 of the Act ("Offer") without prejudice to its right to seek recovery of additional compensation from Metrolinx. However, Metrolinx has not yet paid the funds owed to Atlantic under the Offer. Metrolinx filed a Notice of Arbitration on August 17, 2023, but no further pleadings have been exchanged by the Parties.

3Counsel for the Parties advised the Tribunal that they may well proceed to a mediation utilizing the assistance of the Tribunal’s mediation group once Atlantic provides appropriate instructions to its counsel to do so. Counsel for Metrolinx will similarly need to receive instructions from its client.

4The Parties have also begun discussion on the terms of a Procedural Order in the event that they are unable to resolve this case. In the meantime, Atlantic’s counsel is seeking additional information that Metrolinx, to date, has refused to provide which Atlantic believes is required in order for a Statement of Claim to be prepared. Thus, Atlantic’s counsel advised that they are pursuing an application under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 in an apparent attempt to uncover this information.

5The Tribunal observed that Metrolinx, if it wishes to advance this matter, might consider simply producing the information requested by Atlantic without prejudice to its rights to later take the position that such information is not relevant to the claims to be made by Atlantic in this proceeding. However, at this stage, this is a matter for Metrolinx to consider, and there is no motion before the Tribunal concerning this issue.

ORDER

6THE TRIBUNAL ORDERS THAT:

(a) The Parties shall prepare a draft Procedural Order on a consent basis and shall identify the number of days required for the Hearing for this matter, and shall deliver it to the Tribunal by no later than Tuesday, July 30, 2024;

(b) In the event that the Parties are unable to reach consent on all terms of the draft Procedural Order, they shall clearly identify all areas of dispute for the consideration of and resolution by the Tribunal;

(c) In the further event that the Parties wish to pursue mediation of this matter using the Tribunal’s mediation facility, they shall forthwith advise the Tribunal; and

(d) This Vice Chair shall be seized with respect to the ongoing case management of this proceeding.

"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.