Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 24, 2024

CASE NO(S).: OLT-23-000305

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: Georgina Tamtakiridis and Danny Tamtakiridis

Respondent: City of Toronto

Description: Determination of compensation

Property Address: 10 Barbara Crescent

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000305

OLT Lead Case No.: OLT-23-000305

OLT Case Name: Georgina Tamtakiridis et al. v The Corporation of the City of Toronto

PROCEEDING COMMENCED UNDER subsection 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: City of Toronto

Request for: Request for Dismissal Without a Hearing

Heard: April 26, 2024 by Video Hearing

APPEARANCES:

Parties

Georgina Tamtakiridis and Danny Tamtakiridis (“Claimants”)

Counsel

Conner Harris Leah Cummings

Parties

City of Toronto (“City”)

Counsel

Annette Uetrecht-Bain

MEMORANDUM OF DECISION DELIVERED BY JENNIFER GOLD AND WILLIAM R. MIDDLETON AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from a motion made by the City of Toronto (“City”) for an order dismissing the within claim (“Motion”) on the basis that Georgina Tamtakiridis and Danny Tamtakiridis (“Claimants”) failed to provide notice to the City of their claim with sufficient particulars within one year in accordance with section 22(1) of the Expropriations Act. In the alternative, the City seeks an order dismissing the claim on the basis that it is barred by the Limitations Act, having been brought after the second anniversary of the day on which the claim was discovered. In the further alternative, the City seeks an order dismissing the claim under the doctrine of laches.

2In this proceeding, the Claimants have made a claim for injurious affection and other relief, pursuant to section 26(1) of the [