Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 25, 2024
CASE NO(S).: OLT-23-001203
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended.
Claimant: Lajendra Singh
Claimant: Kissoondai Ramdayal
Respondent: City of Waterloo
Description: EXP - Determination of compensation
Property Address: 275 Lester Street
Municipality/UT: Waterloo/Waterloo
OLT Case No: OLT-23-001203
OLT Lead Case No: OLT-23-001203
OLT Case Name: Singh v. Waterloo (City)
Heard: April 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Lajendra Singh and Kissoondai Ramdayal
John Doherty Kevin Dias
City of Waterloo
Peter Hertz Michael A. Van Bodegom (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON APRIL 9, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to a claim for compensation pursuant to s. 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended (“Act”) by Lajendra Singh and Kissoondai Ramdayal (“Claimants”), the former owners of the lands municipally described as 275 Lester Street (“Subject Property”) in the City of Waterloo (“City”), against the City, resulting from an expropriation that was registered on the Subject Property on Friday, December 4, 2020, by way of Expropriation Plan WR1302632. The purpose of the expropriation was for the creation of parkland and a pedestrian corridor. The entirety of the Subject Property was expropriated.
2On March 2, 2021, pursuant to s. 25 of the Act, the City served a formal offer of compensation on the Claimants, providing them with two options. The Claimants ultimately accepted an offer of immediate payment in the amount of $730,000.00. This amount was paid by the City. Such payment was made without prejudice to the Parties’ rights pursuant to the Act, including the rights of the Claimants to claim compensation from the City. The Claimants claim entitlement to additional compensation, including: payment for the market value of the Subject Property (in the amount of $1,700,000.00); disturbance damages in an amount to be determined; interest pursuant to s. 33 of the Act; and reasonable legal, appraisal, and other expert costs incurred to determine compensation, pursuant to s. 32(1) of the Act.
3The Parties filed a Procedural Order (“PO”) on consent prior to the CMC, which was reviewed by the Tribunal and ratified at the CMC. The Parties were directed to provide the final version of the PO, containing updated dates, to the Tribunal and have now done so. It is attached to this Decision and will guide these proceedings.
4The Parties expressed an interest in engaging in discussions to achieve a settlement. The Parties indicated that Tribunal-assisted Mediation would be helpful, and they wished to engage in same. The Tribunal directed that the Parties reach out to the Tribunal’s Case Coordinator in writing in pursuit of those services. Moreover, the Tribunal directed that, if the Parties should reach a settlement with respect to some or all of the issues prior to the Hearing, they should advise the Tribunal in writing at their earliest convenience.
SECOND CASE MANAGEMENT CONFERENCE
5The Parties hope that this matter will be resolved by way of mediation. However, they asked that a second CMC be scheduled in the case that they are unable to reach a resolution in order to address any outstanding procedural matters. The Tribunal agreed, and a second CMC has now been scheduled to take place by Video Hearing on Monday, October 28, 2024, at 10 a.m. (“Second CMC”). The particulars of the Second CMC are contained below.
HEARING DATE
6With respect to the Hearing date, the Parties advised that, based on the issues in dispute, an eight (8) day Hearing would be required. Moreover, based on the timeline of what remained to be done, a Hearing timeline of about one year from now would be appropriate.
7The Parties advised the Tribunal that there is currently an outstanding civil litigation matter between them that is before the Courts. The Tribunal inquired as to whether that matter would have to be resolved before a Hearing before the Tribunal could be contemplated. The Claimants’ Counsel submitted that the two matters could proceed independently of each other, and the civil litigation matter did not have a bearing on the Tribunal matter. The City’s Counsel, however, disagreed but did not oppose scheduling the Hearing, as the Parties hope to settle the disputes between them.
8The Tribunal expressed concerns with respect to another litigation matter impacting this proceeding. However, in light of the fact that the Hearing was anticipated to take place more than a year from this date, and the fact that another CMC was scheduled for later this year, the Tribunal agreed to schedule a Merit Hearing. The Tribunal directed the Parties to advise, as soon as possible, regarding whether the Hearing dates would continue to be required. Specifically, the Parties are to update the Tribunal at the Second CMC with respect to the Hearing dates.
9As such, a Video Hearing has now been scheduled for eight (8) days, commencing on Tuesday, May 20, 2025, at 10 a.m. and continuing to Thursday, May 29, 2025. The particulars of the Hearing are contained below.
DETAILS OF THE SECOND CMC AND MERIT HEARING
10On the date of the Second CMC, Monday, October 28, 2024, at 10 a.m., the Parties are to use the following coordinates:
Monday, October 28, 2024, at 10 a.m. (One-day CMC)
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
Audio-Only Telephone Line: +1 (647) 497-9373 OR Toll-Free +1 888-299-1889
Audio-Only Access Code: 709-076-365
11On the dates of the Merit Hearing from Tuesday, May 20, 2025, at 10 a.m. until Thursday, May 29, 2025, the Parties are to use the following coordinates:
Tuesday, May 20, 2025 to Thursday, May 29, 2025, at 10 a.m. (8 Day Merit Hearing)
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
Audio-Only Telephone Line: +1 (647) 497-9373 OR Toll-Free +1 888-299-1889
Audio-Only Access Code: 719-383-509
12Parties 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
13Persons 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 provided above.
14Individuals 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
15The TRIBUNAL ORDERS as follows:
a. The Procedural Order, attached as Schedule A, will govern these proceedings.
b. The next Case Management Conference for this matter is scheduled to take place by Video Hearing as set out above in this Decision.
c. The Merit Hearing in this matter is scheduled to take place by Video Hearing as set out above in this Decision.
16The 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.
SCHEDULE A