ISSUE DATE: September 6, 2024
CASE NO(S).: OLT-24-000611
PROCEEDING COMMENCED UNDER subsection 26(2)(a) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Rizmi Holdings Limited and Lucia Milani
Respondent: City of Vaughan
Description: Determination of compensation
Property Address: 11333 Dufferin Street (PIN 03341-0266), 11641 Dufferin Street (PIN 03342-0275), 11490 Bathurst Street (PIN 03342-0315) and PIN 03342-0397
Municipality/UT: Vaughan/York
OLT Case No.: OLT-24-000611
OLT Lead Case No.: OLT-24-000611
OLT Case Name: Rizmi Holdings Limited and Lucia Milani v. Vaughan (City)
Heard: August 28, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rizmi Holdings Limited and Lucia Milani | Matthew Di Vona |
| City of Vaughan | Frank Sperduti, Lou Fortini |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON AUGUST 28, 2024 AND ORDER OF THE TRIBUNAL
1This event was the first Case Management Conference (“CMC”) before the Tribunal with respect to a claim brought pursuant to section 26(2)(a) of the Expropriations Act, RSO 1990, c E-26 (“Act”) brought by Rizmi Holdings Limited and Lucia Milani (“Claimants”), owners of the lands described as 11333 and 11641 Dufferin Street, 11490 Bathurst Street, and Part of Lot 31, Concession 2, Part 2 in the City of Vaughan (“Subject Properties”). The Claim has been brought against the City of Vaughan (“City”), arising from the City acquiring portions of the Subject Properties in Fee Simple, and acquiring Temporary Easements over other portions of the Subject Properties by way of an agreement pursuant to Section 30 of the Act which preserved the Claimants’ right to commence a claim for compensation under the Act if the interests had been expropriated. The purpose of the acquisition was to facilitate the Kirby Road Extension Project. The City paid the Claimants the amount of $14,650,000 on a “without prejudice” basis for the Fee Simple Requirements and Temporary Easements.
2The Claimants claim compensation for the market value of the expropriated property, as well as compensation for injurious affection to the remaining lands, and disturbance damages in the total amount of $99,042,500.
3At the CMC, the Claimants’ Counsel advised that they would like to engage in Tribunal-assisted mediation. The City’s Counsel indicated his instructions to not oppose this request. The Tribunal directed the Parties to reach out to the Case Coordinator to obtain those services. The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues.
4The Claimants preferred to wait to schedule a Hearing until after the mediation took place. The City’s Counsel did not wish to prolong this matter but did agree that a mediation would likely be fruitful. It was determined that a second CMC would be scheduled for a few months in the future to allow the mediation to take place but to also ensure that the matter proceeded in a timely manner. The particulars of the next CMC are outlined in detail below.
5Prior to the next CMC, by Monday, January 27, 2025, the Parties are to provide a draft Procedural Order for the Tribunal’s review at the CMC and approval if warranted. The Claimants’ Counsel undertook to provide this, or a status update, to the Tribunal’s Case Coordinator by that date.
SECOND CASE MANAGEMENT CONFERENCE
6The second CMC is scheduled to take place by Video Hearing on Friday, January 31, 2025, commencing at 10 a.m.
7On that date, the Parties are to attend the CMC using the following coordinates:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
8Parties are asked to log into the Video Case Management Conference at least 15 minutes before the start of the event to test their video and audio connections. Parties 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
9Persons 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): 1-888-299-1889 or +1 (647) 497-9373. The access code is the same as mentioned above.
10Individuals 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 Case Management Conference by video to ensure that they are properly connected to the event at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11THE TRIBUNAL ORDERS as follows:
a. The second Case Management Conference in this matter is scheduled to take place by Video Hearing as set out above in this Decision.
b. A draft Procedural Order, or a status update, is to be provided to the Tribunal’s Case Coordinator by Monday, January 27, 2025.
12The 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.