Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-24-000091
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant: Zircon Design and Development Inc.
Respondent: City of Toronto
Description: Determination of compensation
Property Address: 480 Coxwell Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000091
OLT Lead Case No.: OLT-24-000091
OLT Case Name: Zircon Design and Development Inc. v. Toronto (City)
Heard: April 23, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Zircon Design and Development Inc. | Michael Paiva, Spencer Roberts |
| City of Toronto | Ebaadh Rizwani |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON APRIL 23, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Zircon Design and Development Inc. (“Claimant”) has filed a Notice of Arbitration against the City of Toronto (“Respondent”/“City”) pursuant to s. 26(1) of the Expropriations Act. The subject land is known municipally as 480 Coxwell Avenue, in the City.
2The Claimant claims compensation, as the registered owner, from the Respondent under ss. 13 and 26 of the Expropriations Act as a result of the full taking of the subject land by the City.
DRAFT PROCEDURAL ORDER
3Counsel informed the Tribunal that Parties have yet to file the draft Procedural Order (“PO”). The PO will be filed with the deadlines filled in as the hearing dates have been scheduled.
MEDIATION
4As this is an expropriation matter, Parties have been sent a Preliminary Expropriation Assessment with the questionnaire for a response from the Parties.
5The responses that have been received to the following questions are as follow:
Have any settlement discussions occurred since the filing of the Notice of Arbitration? Answer: No.
Do you intend to engage in settlement discussions through alternative dispute resolution? Answer: Yes.
If so, do you anticipate using the assistance of the Tribunal’s mediation services to resolve all or part of the claim and/or to narrow the issues in dispute? Answer: Yes, to resolve all of the claim and possibly narrow the issues.
If you do not intend to utilize alternative dispute resolution, please explain why. Answer: N/A.
Generally, which of the issues in dispute are amenable to resolution? Please explain why. Answer: Land valuation quantum and Highest and Best use.
If the matter proceeds to arbitration, what expert evidence is required? (e.g., appraisers, planners, CBVs, P.Eng., other consultants?) Answer: Land Appraisals, Planning report, and Civil Engineering report re. railway proximity and safety.
a) Have the Parties obtained these expert reports? Answer: City has not yet obtained final reports; the Claimant has obtained all reports in draft.
b) Which reports are outstanding? Answer: The City’s Appraisal and Planning Reports.
c) What is the expected timeline to obtain such report(s)? Answer: 6 months.
Is there a business loss claim? Answer: No.
At this point, how many days do you think would be required for an arbitration hearing? Answer: 10 days.
Please advise of any additional comments that may enable the Tribunal to assist you to resolve all or part of the issues in dispute. Answer: No further comments.
DISPOSITION
6The Parties have made an appointment with the mediation unit later in the day regarding the mediation process. This Tribunal will schedule a CMC for the Parties to update the Tribunal on the status of mediation and the arbitration. Parties have requested a Hearing to be scheduled for nine days for the arbitration.
7The Tribunal directs that the draft PO be forwarded to the Case Coordinator by Friday, January 24, 2025, two weeks before the status CMC, in the event this matter is not resolved through mediation.
NEXT CMC AND NINE DAY HEARING
8The next CMC and nine day Hearing are scheduled to proceed as follows:
Next CMC:
Friday, February 7, 2025, at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
Audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389
Audio-only access code: 765-631-861
Nine Day Hearing:
Starting: Tuesday, May 20, 2025 at 10 a.m.
Ending: Friday, May 30, 2025 at 5 p.m.
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 660-145-013
9Parties are asked to log into the Video Hearings at least 15 minutes before the start of the event to test their video and audio connections.
10Parties 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.
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 Video Hearings to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
13The Tribunal Orders that:
a. The Case Management Conference will commence at 10 a.m. by video on Friday, February 7, 2025;
b. The Procedural Order is to be filed by Friday, January 24, 2025; and
c. The nine day Hearing will commence at 10 a.m. by video from Tuesday, May 20, 2025 and continue to Friday, May 30, 2025.
14There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG
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.