Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 09, 2024
CASE NO(S).: OLT-23-000860
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Argiro Papanagnostou
Respondent: Metrolinx
Description: Determination of compensation
Property Address: 449 Queen Street West
Municipality: City of Toronto
OLT Case No.: OLT-23-000860
OLT Lead Case No.: OLT-23-000860
OLT Case Name: Papanagnostou v. Metrolinx
Heard: March 6, 2024 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Argio Papanagnostou (“Claimant”) | Al Burton |
| Metrolinx (“Respondent”) | Ian Mathany |
| Ekaterini Papanagnostou | Matthew Furrow |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON MARCH 6, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the continuation of the second Case Management Conference (“CMC”) in this Claim for compensation under s.26(1) of the Expropriations Act (the “Act”). The claim arises out of the Expropriation of the entirety of the Claimant’s property at 449 Queen Street West, Toronto (“Subject Property”), for the construction of the south entrance to the Queen/Spadina Ontario Line Subway Station. The Respondent caused a Notice of Arbitration to be delivered on August 29, 2023. A Statement of Claim had not yet been delivered on behalf of the Claimant.
2The first CMC was adjourned on consent as the Claimant had passed away and a personal representative had yet to be appointed. The second CMC was adjourned on consent to this date to permit the non-party, Ekaterini Papanagnostou (“Ekaterini”), the time required to commence an Application in the Ontario Superior Court of Justice (“SCJ”) to determine her claim to an interest in the Subject Property.
3Upon resuming the CMC, Mr. Furrow, advised the Tribunal that his client’s Application has been filed with the SCJ, and that he is waiting to receive the first return date from the SCJ Registrar. In response to the Tribunal’s query, Mr. Furrow advised that his client is seeking a Declaration that her husband was the sole beneficial owner of the Subject Property, and that accordingly, she is solely entitled to receive the compensation payable under the Act.
4The Tribunal advised all Counsel that, in view of nature of the relief being claimed in the SCJ Application, the claims arising from the Expropriation likely could not proceed until the Application has been decided, as the identity of the proper Claimant or Claimants will not be known until the Application has either been determined by the SCJ or otherwise resolved. In addition, the outcome of the Application could raise issues as to whether there had been compliance with the notice provisions of the Act and with respect to the offer and payment made pursuant to s. 25 of the Act.
5The Tribunal was advised by Mr. Furrow that he understood from the SCJ Registrar that he should have the first return date for the Application by the end of May 2024, and Mr. Burton proposed that the CMC be adjourned to continue on a date in mid-June. Mr. Furrow and Mr. Mathany agreed. The Tribunal encouraged Counsel to work with their clients to attempt to resolve the issues in the Application as, so long as it was outstanding and unresolved, it would be likely that the land compensation proceedings could not move ahead.
6On consent, the Tribunal ordered that this CMC be adjourned to continue on Thursday, June 20, 2024, at 10 a.m. In the event a settlement is reached in the interim, Counsel were instructed to notify the Tribunal’s Case Coordinator and the CMC would be cancelled.
7This Member is case managing this proceeding, and the continuation of the second CMC on June 20, 2024, was therefore scheduled and placed on this Member’s docket. This Member withheld the issuance of the written Decision until the CMC was able to be completed. Prior to June 20, 2024, due to a scheduling conflict, the continuation of the second CMC was scheduled onto the docket of another Member who has since heard and further adjourned the CMC. This Memorandum of Oral Decision is issued to memorialize the proceedings that occurred on Wednesday, March 6, 2024.
8This Member will continue to case manage this proceeding.
ORDER
9THE TRIBUNAL ORDERS THAT this Case Management Conference is adjourned to continue by Video Hearing on Thursday, June 20, 2024, at 10 a.m.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
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.