Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 07, 2025
CASE NO(S).: OLT-24-001084
PROCEEDING COMMENCED UNDER subsection 26(2)(a) of the Expropriations Act, R.S.O. 1990, c. E.26.
Expropriating Authority: Town of Penetanguishene
Property Owner: Thomas and Melissa Dolezel
Subject: Land Compensation
Property Address: 1016 and 1106 Tay Point Road
Municipality/UT: Penetanguishene/Simcoe
OLT Case No: OLT-24-001084
OLT Lead Case No: OLT-24-001084
OLT Case Name: Dolezel v. The Corporation of the Town of Penetanguishene
Heard: October 3, 2025 by video hearing
APPEARANCES:
Parties Thomas and Melissa Dolezel (“Claimants”)
Counsel Melissa Dolezel
Parties The Corporation of the Town of Penetanguishene (“Town”)
Counsel Edward Veldbloom
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON OCTOBER 3, 2025 AND ORDER OF THE TRIBUNAL
1This decision arises from a Case Management Conference (“CMC”) held on October 3, 2025 by videoconference.
2The Claimants have commenced a proceeding under section 26 of the Expropriations Act, R.S.O. 1990, c. E.26 (“Act”) for compensation arising from the Town’s expropriation of parts of lands owned by the Claimants (“Expropriation”) located at 1016 and 1106 Tay Point Road (“Subject Property”).
3Unfortunately, probably due to a lack of familiarity with proceedings under the Act, the claims filed by the Claimants - in a variety of pleadings - are rather unusual and include requests for various relief which cannot be granted by this Tribunal in this type of proceeding. These include the following:
(a) An appeal of the rezoning of the Subject Property;
(b) Failure to provide a hearing in accordance with section 6 and 7 of the Act to challenge the validity of the Expropriation which had apparently been lodged in 2024; and
(c) Reversal of the zoning designation for the Subject Property;
4Of course, the Claimants’ claim for damages and compensation under the Act arising from the Expropriation are proper and justiciable in this proceeding. The Claimants will need to consider what other appeal avenues may remain under the Planning Act R.S.O. 1990, c. P13 in respect of their other concerns.
5The Tribunal spent considerable time at the CMC explaining to the Claimants’ representative Melissa Dolezel, an attorney apparently licensed to practice in the State of California but not admitted to the Law Society of Ontario, the general and specific nature of proceedings under the Act and the need to propose a Procedural Order (“PO”) for consideration of the Tribunal. Prior to the CMC, Ms. Dolezel had filed a list of written questions for written examination for discovery and also a lengthy request to admit – both of which the Respondent’s counsel challenged as being premature and otherwise inappropriate. The Tribunal explained that the timelines and nature of documentary and oral discovery would be set out in the PO and that the Tribunal does not have a practice in expropriation cases of directing any form of discovery before the PO is considered and issued by the Tribunal.
6The Tribunal also suggested that the Claimants consider seeking legal assistance at least to prepare and file a proper Claim under the Tribunal’s Rule of Practice and Procedures section 26 seeking compensation under the Act – in order to avoid potential future motion practice aimed at striking all or part of the Claimants’ rather prolix pleadings. It was apparent that neither of the Claimants had any prior experience with proceedings under the Act before the Tribunal. The Tribunal noted that it was their right to proceed without legal representation but pointed out that it is likely to assist them in pursuing fair compensation if they are represented and explained the general principles relating to the recovery of all reasonable legal expenses pursuant to longstanding jurisprudence related to section 32 of the Act.
7After much discussion, the Claimants agreed to consider seeking legal assistance and to also make an effort to prepare and deliver a fresh Claim which focuses their claims to those which can be pursued under the Act. Both the Claimants and counsel for the Town also agreed to make reasonable efforts to collaborate on a draft PO to be submitted to the Tribunal for consideration and approval.
8After the Tribunal explained that all of the dates and steps in the proceeding are determined with reference to a hearing date, with the agreement of both Parties, the Tribunal scheduled a five (5)-day hearing of this proceeding from Monday, June 8 commencing at 10 a.m. to Friday, June 12, 2026 as follows
9Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
10Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 660-145-013.
12Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
13THE TRIBUNAL ORDERS THAT:
The hearing of this proceeding has been scheduled as described above;
The Parties shall jointly prepare and deliver to the Tribunal a draft Procedural Order – which, inter alia, includes dates for delivery of a fresh Claim and a Reply to that pleading – by Friday, October 10, 2025. If the Parties cannot agree on all aspects of the draft Procedural Order, any areas of dispute must be clearly delineated; and
This Vice-Chair shall be seized for the ongoing case management of this proceeding, but shall not be seized for any mediation that may be convened or for the final hearing of this matter.
“William R. Middleton”
“WILLIAM R. MIDDLETON”
Vice-Chair
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.