Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2024
CASE NO(S).: OLT-21-001779 OLT-21-001780 OLT-21-001781
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Lissard Holdings Limited and Yorkdale Contract Interior Limited Respondent: City of Toronto Subject: Determination of compensation Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension Property Address: 77 St. Regis Crescent Municipality/UT: Toronto/Toronto OLT Case No: OLT-21-001779 OLT Lead Case No: OLT-21-001779 OLT Case Name: Lissard Holdings Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: 3685 Keele Street Ltd. Respondent: City of Toronto Subject: Determination of compensation Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension Property Address: 3685 Keele Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-21-001780 OLT Lead Case No: OLT-21-001780 OLT Case Name: 3685 Keele Street Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27.
Claimant: Lissard Holdings Limited Respondent: City of Toronto Subject: Determination of compensation Description: Expropriation in connection with the construction of the Toronto York Spadina Subway Extension Property Address: 3675-3677 Keele Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-21-001781 OLT Lead Case No: OLT-21-001781 OLT Case Name: Lissard Holdings Limited v. Toronto (City)
Heard: August 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lissard Holdings Limited, Yorkdale Contract Interior Limited, and 3685 Keele Street Limited (“Claimants”) | Brynn Leger |
| City of Toronto (“Respondent”) | Aisling Flarity |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON AUGUST 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Claimants filed claims pursuant to s. 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26 in connection with the Respondent’s expropriation of lands for the construction of the Toronto York Spadina Subway extension. Their claims were ordered to be heard together pursuant to a Tribunal decision issued on March 6, 2024.
2On August 15, 2024, the Tribunal held its second Case Management Conference (“CMC”) to inquire into the status of the proceeding.
STATUS UPDATE
3Counsel for the Parties informed the Tribunal that settlements discussions were quite far advanced, and they expected a full settlement to be signed shortly. Nevertheless, the Claimants requested that a third CMC be scheduled pending the finalization of the settlement. Counsel for the Parties expect that the claims would be withdrawn were a full settlement to be reached. The Respondent did not object to scheduling a third CMC.
NEXT STEPS
4Accordingly, the Tribunal directed that a third CMC be set for 10 a.m. on Thursday, November 14, 2024, by Video Hearing. At the third CMC, the Parties are expected to update the Tribunal on the status of the proceeding if a full settlement has not been reached. If a full settlement has been reached, the Tribunal requested that the claims be withdrawn at least 35 days before the third CMC.
5Individuals 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:
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6Individuals 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.
7Individuals who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 687-587-165.
8Individuals 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
9THE TRIBUNAL ORDERS its directions in this Decision.
“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.