Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2024
CASE NO(S).: OLT-24-000015
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: Foxwood Developments (London) Inc., Zhaohui Meng, Naiyu Chai, and Foxwood Building Corporation
Respondent: London District Catholic School Board
Subject: Determination of Compensation
Description: To permit the construction of a school site
Property Address: Block 177, Plan 33M-799
Municipality/UT: London/Middlesex
OLT Case No: OLT-24-000015
OLT Lead Case No: OLT-24-000015
OLT Case Name: Foxwood Developments (London) Inc. vs London Catholic District School Board
Heard: June 04, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Foxwood Developments (London) Inc., Zhaohui Meng, Naiyu Chai, and Foxwood Building Corporation
Shane Rayman
Brynn Leger (in absentia)
London District Catholic School Board
Guillaume Lavictoire
Aadil Nathani
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JUNE 4, 2024 AND ORDER OF THE TRIBUNAL
1This hearing was the first Case Management Conference (“CMC”) before the Tribunal with respect to a claim pursuant to section 26(1) of the Expropriations Act (“Act”) brought by Foxwood Developments (London) Inc., Zhaohui Meng, Naiyu Chai, and Foxwood Building Corporation (“Claimants”), owners of the lands described as Block 177, Plan 33-M in the City of London (“Subject Property”). The claim has been brought against the London District Catholic School Board (“Respondent”), resulting from an expropriation which was registered on the Subject Property on May 10, 2021, pursuant to Plan of Expropriation ER1373682 (“Expropriation”). The Subject Property was expropriated for the purposes of developing a school site.
2At the CMC, no concerns were raised with respect to the Tribunal-issued Notice. As such, no further notice is required.
3The Claimants claim compensation for the Expropriation, including:
a. $7,448,000 for the market value of the Subject Property;
b. $2,500,000 for injurious affection of the Subject Property;
c. $899,730 for disturbance damages due to elevated development costs and soil costs, and loss of executive time;
d. Legal, appraisal, and other reasonable professional costs incurred by the Claimants in the determination of compensation arising from the Expropriation;
e. Interest on outstanding compensation; and
f. Such further and other relief as counsel may advise and this Tribunal may deem appropriate.
4On August 4, 2021, the Respondent served the Claimants with an offer of compensation pursuant to section 25 of the Act (“Section 25 Offer”). This was accompanied by an appraiser report which concluded the market value of the expropriated parcel to be $6,200,000 minus $858,075 for the cost of soil removal and $86,000 for anticipated time delay in removal of soil and grading work. Based on this appraisal, the Respondent offered $5,257,000 in its Section 25 Offer for the market value of the Subject Property and for the total estimate of all compensation arising from the Expropriation. The Claimants accepted the offered sum of $5,527,000, without prejudice to their rights to claim additional compensation. The payment was provided to the Claimants on December 2, 2021.
5The Parties filed a Procedural Order (“PO”) on consent prior to the CMC, which was reviewed by the Tribunal and ratified at the CMC. The PO is attached to this Decision and will guide these proceedings.
6With respect to settlement discussions, the Parties advised that they intend to engage in Tribunal-assisted mediation, which is scheduled to take place on Wednesday, July 24, 2024. The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing.
HEARING DATE
7The Parties advised that, based on the issues in dispute and the potential number of witnesses, a five (5) day Hearing would be required. As such, a Video Hearing has now been scheduled for five (5) days, commencing on Monday, June 23, 2025, at 10 a.m. and continuing until Friday, June 27, 2025.
8On the days of the Hearing, Monday, June 23, 2024 at 10 a.m. to Friday, June 27, 2025, the Parties are to use the following coordinates:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
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. Parties are further 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated 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 as follows:
a. The Procedural Order, attached as Schedule A, will govern these proceedings.
b. The Hearing in this matter is scheduled to take place by Video Hearing as set out above in this Decision.
13The 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