Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 22, 2024
CASE NO(S).:
OLT-22-002477
OLT-22-002479
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
1289777 Ontario Limited
Respondent:
Metrolinx
Subject:
Land Compensation
Property Address/Description:
1Jefferson Ave.
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002477
OLT Lead Case No.:
OLT-22-002477
OLT Case Name:
1289777 Ontario Limited v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
1289777 Ontario Limited
Respondent:
Metrolinx
Subject:
Land Compensation
Property Address/Description:
1A Atlantic Ave.
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002479
OLT Lead Case No.:
OLT-22-002479
OLT Case Name:
1289777 Ontario Limited v. Metrolinx
Heard:
November 23, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
1289777 Ontario Limited
Phillip Sandford
(“Claimant”)
Jonathon Nehmetallah
Metrolinx
Christel Higgs
(“Respondent”)
Aisling Flarity
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON NoVEMBER 23, 2023 AND ORDER OF THE TRIBUNAL
Introduction
1This Hearing Event was a Status Hearing (“SH”) to confirm the 15-day Hearing on the Merits for this claim for compensation, which is scheduled to begin on Monday, January 22, 2024.
2Prior to the SH, Counsel had filed a joint status update advising the Tribunal as follows:
a) The Parties are in agreement that the two claims be heard together, but not consolidated. Each witness will provide his or her evidence respecting both properties, one after another, as far as is practicable, to ensure efficiency in the conduct of the Hearing.
b) A draft Hearing plan was filed, which is subject to modification following the exchange of reply reports. The Parties undertook to keep the Tribunal updated on any changes to the proposed Hearing plan.
c) Two Agreed Statements of Facts (“ASF”) have been executed between the Parties and their experts.
d) Given the number of matters in issue, and the delta between the Parties, all 15 hearing days will be required.
e) The Respondent has consented to the service and filing of an additional expert report on behalf of the Claimant in relation to the environmental status of the property at 1 Jefferson Avenue.
f) The Respondent seeks an Order amending its Amended Reply in OLT-22-002477 and amending its Amended Amended Reply in OLT-22-002477 in accordance with drafts filed. The executed Consent of the Claimant was filed in advance of the SH.
3Subsequent to the SH, the Tribunal has received a revised Hearing Plan from Ms. Flarity, as well as ASFs on behalf of the Parties, the Architectural Witnesses, the Appraisers, the Planning Experts and the Transportation Experts.
4The Tribunal has also received the Amended Amended Reply in OLT-22-002477 and the Amended Amended Amended Reply in OLT-22-002479, along with proof of service for both.
Order
5The Hearing on the Merits of these two claims for compensation brought pursuant to subsection 26(1) of the Expropriation Act is confirmed for 15 days, commencing at 11 a.m. on Monday, January 22, 2024.
6The Tribunal Orders that these two claims for compensation be heard together.
7Attachment 1 to this Decision is the Hearing Plan which shall govern the conduct of the Hearing on the Merits.
8On Consent, the Claimant is granted leave to deliver an additional expert report in OLT-22-002477 in relation to the environmental status of the property at 1 Jefferson Avenue.
9On consent, the Tribunal grants the Respondent leave to further amend its Replies in both claims for compensation.
10This Member is not seized.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
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.
ATTACHMENT 1
HEARING PLAN
OLT-22-002477 & OLT-22-002479
1289777 Ontario Limited v Metrolinx
January 22, 2024 to February 9, 2024 (15 Days – not sitting January 29, 2024)
MONDAY
January 22, 2024
TUESDAY
January 23, 2024
WEDNESDAY
January 24, 2024
THURSDAY
January 25, 2024
FRIDAY
January 26, 2024
Preliminary Motions, if any and Opening Statements
Peter Smith In-Chief
Robert Bader In-Chief
Amy Jiang In-Chief
Niall Finnegan In-Chief
Peter Smith In-Chief
Peter Smith In-Cross
Robert Bader In-Cross
Amy Jiang In-Cross
Niall Finnegan In-Cross
LUNCH
Peter Smith In-Chief
Peter Smith In-Cross
David Oleson In-Chief
Paresh Patel In-Chief
Paul Morasutti In-Chief
Peter Smith In-Chief
Peter Smith In-Cross
David Oleson In-Cross
Paresh Patel In-Cross
Paul Morasutti In-Chief
Notes:
11am start time to accommodate Member Ackerman’s CMC
Notes:
Notes:
Notes:
Notes:
MONDAY
January 29, 2024
TUESDAY
January 30, 2024
WEDNESDAY
January 31, 2024
THURSDAY
February 1, 2024
FRIDAY
February 2, 2024
NOT SITTING
Paul Morasutti In-Chief
Paul Morasutti In-Cross
Ryan Guetter In-Chief
Sheila Botting In-Chief
Paul Morasutti In-Chief
Paul Morasutti In-Cross
Ryan Guetter In-Chief
Sheila Botting In-Cross
LUNCH
NOT SITTING
Paul Morasutti In-Cross
Ryan Guetter In-Chief
Ryan Guetter In-Cross
Richard Witt In-Chief
Paul Morasutti In-Cross
Ryan Guetter In-Chief
Ryan Guetter In-Cross
Richard Witt In-Cross
Notes:
Notes:
Notes:
Notes:
Notes:
MONDAY
February 5, 2024
TUESDAY
February 6, 2024
WEDNESDAY
February 7, 2024
THURSDAY
February 8, 2024
FRIDAY
February 9, 2024
Amar Lad In-Chief
Jason Hudson In-Chief
Jim Ryan In-Cross / Daniel Cicero In-Chief
Gus Dal Colle In-Cross / Michael Parsons In- Chief
Michael Parsons In- Cross
Amar Lad In-Cross
Jason Hudson In-Cross
Daniel Cicero In-Cross / Gus Dal Colle In-Chief
Michael Parsons In- Chief
Michael Parsons In- Cross
LUNCH
Ted Van Vliet In-Chief
Jim Ryan In-Chief
Gus Dal Colle In-Chief
Michael Parsons In- Chief
Michael Parsons In- Cross
Ted Van Vliet In-Cross
Jim Ryan In-Cross
Gus Dal Colle In-Cross
Michael Parsons In- Chief
Claimant’s Reply Evidence, if any
Notes:
Notes:
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Notes:
*This proposed schedule is subject to further revisions, if necessary, based on witness availability.
Timeline for Closing Submissions in Writing
Claimant’s Written Closing Submissions – Friday, March 1, 2024
Respondent’s Written Closing Submissions – Friday, March 15, 2024
Claimant’s Reply Written Closing Submissions – Friday March 22, 2024