Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

April 15, 2024

CASE NO(S).:

OLT-23-001164

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

Claimant:

The Gates of Scarborough Town Centre

Respondent:

Metrolinx

Description:

Determination of Compensation

Reference Number:

Plan of Expropriation AT6204451

Property Address

110-140 Grangeway Avenue

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-23-001164

OLT Case Name:

The Gates of Scarborough Town Centre Inc. v. Metrolinx

Heard:

February 20, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

The Gates of Scarborough Town Centre Inc. (“Claimant”)

John Alati

Metrolinx (“Respondent”)

Brendan O’Callaghan

MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 20, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Claim for compensation under the Expropriations Act. The Claim arises out of the Expropriation of the entirety of the property at 110-140 Grangeway Avenue, Toronto (the “Subject Property”). The Subject Property is unimproved and is a large development site located at the terminus of the Scarborough Subway/LRT Line. The purpose of the expropriation was to facilitate the construction and operation of the Scarborough Subway Extension and the Scarborough Centre Subway Station.

2A draft Procedural Order (“PO”) had been circulated between Counsel and filed with the Tribunal’s Case Coordinator. Counsel advised the Tribunal that they were prepared to set a date for a Hearing on the Merits and after discussion, it was agreed that a four-week Hearing on the Merits would be required. The Tribunal reviewed the terms for a draft PO with Counsel and suggested revisions, to which Counsel agreed. Counsel for the Claimant, Mr. Alati, undertook to revise and resubmit the draft PO to provide specific timeline dates once the Hearing date was set.

3Following consultation, respecting the Tribunal’s calendar, and the availability of the Parties and Counsel, a four-week (4) Hearing on the Merits by Video Hearing (“VH”) was agreed upon, commencing on Monday, February 3, 2025, at 10 a.m., and concluding on Friday, February 28, 2025, excepting Monday, February 17, 2025.

4The Tribunal has subsequently received and reviewed the revised draft of the PO and Timetable, and gave further direction that and Issues List and List of Parties be included. The Tribunal has now received the revised draft PO with the List of Parties, Timetable and Issues List attached. The fixed dates for the Hearing on the Merits and for the Pre-Hearing timeline, are now provided in the PO appended to this Decision, and the coordinates for the Hearing are set out below in this Decision.

5Appended to this Decision as Schedule 1 is the PO, which will now govern all further Pre-Hearing procedural requirements and the Hearing of the Arbitration.

6Appended to this Decision as Attachment 1, Attachment 2, and Attachment 3, are the List of Parties, the timetable the Issues List and Issues List, which shall govern the conduct of the Hearing on the Merits.

Merit HEARING – February 3 – February 28, 2025

7A 19-day Merit Hearing will commence by VH on Monday, February 3, 2025, at 10 a.m. The Tribunal will not sit on Monday, February 17, 2025.

8Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/692665589

Access Code: 692-665-589

9Parties 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 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.

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 Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

12THE TRIBUNAL ORDERS THAT the Procedural Order appended as Schedule 1 to this Decision and Attachments 1, 2 and 3 thereto, shall govern the conduct of this proceeding.

“Robert G. Ackerman”

ROBERT G. ACKERMAN

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.

SCHEDULE 1