Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2024
CASE NO(S).: OLT-24-000119
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26
Claimant
5th Developments Limited Partnership
Respondent
County of Prince Edward
Description:
Determination of compensation
Property Address:
Alexander Island (Alexander Island)
Municipality/UT:
Prince Edward/Prince Edward
OLT Case No.:
OLT-24-000119
OLT Lead Case No.:
OLT-24-000119
OLT Case Name:
5th Developments Limited Partnership v. Prince Edward (County)
Heard: May 16, 2024, by video hearing
APPEARANCES:
Parties
Counsel
5th Development Limited Partnership
Ajay Gajaria
(“Claimant”)
Prince Edward County
Suzanne Hunt
(“County”)
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON MAY 16, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Claimant served a Statement of Claim on the County on February 20, 2024, seeking compensation for loss or damage caused by injurious affection (no land taken) pursuant to section 21 of the Expropriation Act, R.S.O 1990, c. E.26 (“Act”), with respect to lands known as Alexander Island in the County (“Lands”). The Lands are not actually an island, as they are connected to the lands to the north by the County’s western dynamic beaches. The Lands have an area of 26.12 hectares. They are currently vacant and undeveloped.
2The Claimant alleges that the County’s By-law No. 160-22, dated September 20, 2022, restricted vehicle access and public access to certain roads leading to the western beaches which would have the effect of completely blocking access to the Lands.
3The Claimant’s Claim includes $9,210, 000 for reduction in the Lands’ market value, $750,000 in personal and business losses, interest pursuant to section 33 of the Act and legal and other fees pursuant to section 32 of the Act.
4On May 16, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeals and establish next steps in this proceeding.
5There were no issues raised with the service of Notice of the CMC, which was sent administratively by the Tribunal on March 27, 2024.
OPPORTUNITIES FOR SETTLEMENT
6Counsel for the Parties advised that they are already engaged in settlement discussions, and a direction pursuant to Rule 26.6 of the Tribunal’s Rules of Practice and Procedure was not required.
NEXT STEPS
7Given these settlement discussions, the Tribunal finds that setting a second CMC is reasonable in the circumstances. Accordingly, the Tribunal directed that a second CMC be scheduled for Wednesday, July 31, 2024. Counsel for the County undertook, without the need for a Tribunal Order, to file the County’s Reply to the Statement of Claim at least 14 days before the second CMC. At the second CMC, the Parties are expected to be prepared to: update the Tribunal on their settlement discussions and to update the Tribunal on the status of the proceeding.
8The second CMC is scheduled to proceed by video hearing on Wednesday, July 31, 2024, at 10 a.m.
9Parties 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.
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 709-076-365.
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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13THE TRIBUNAL ORDERS its directions above.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.