Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 04, 2025
CASE NO(S).:
OLT-24-000574 OLT-24-001015 OLT-25-000030
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Bendale Parkway Limited
Respondent:
Metrolinx
Description:
Determination of compensation
Property Address
685-697 McCowan Road
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-24-000574
OLT Lead Case No.:
OLT-24-000574
OLT Case Name:
Bendale Parkway Limited v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Mirmor Investments Limited
Respondent:
Metrolinx
Description:
Determination of compensation
Property Address
3091 Lawrence Avenue East
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-24-001015
OLT Lead Case No.:
OLT-24-001015
OLT Case Name:
Mirmor Investments Limited v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant:
Shoppers Drug Mart Inc. and Shoppers Realty Inc.
Respondent:
Metrolinx
Description:
Determination of compensation
Property Address
685-697 McCowan Road
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-25-000030
OLT Lead Case No.:
OLT-25-000030
OLT Case Name:
Shoppers Drug Mart Inc. and Shoppers Realty Inc. v. Metrolinx
Heard:
March 20, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Bendale Parkway Limited, Mirmor Investments Limited, & Shoppers Drug Mart Inc. and Shoppers Realty Inc. (“Claimants”)
Shane Rayman Sarah Spitz Pitman Patterson
Metrolinx (“Respondent”)
Brendan O’Callaghan
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON March 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the continuation of the first Case Management Conference (“CMC”) conducted in what are now these three Applications for Compensation under the Expropriations Act, arising from the Expropriation of the fee simple interest in the properties located at the southeast corner of McCown Road and Lawrence Avenue East, Toronto, municipally known as 685-697 McCown Road, Toronto (the “Bendale Lands”) and 3091 Lawrence Avenue East, Toronto (the “Mirmor Lands”) (together “the Subject Properties”), for the purpose of constructing and operating the Scarborough Subway Extension Project.
2On November 24, 2025, Counsel for the Claimants Bendale Parkway Limited (“Bendale”), Mirmor Investments Limited (“Mirmor”), and Metrolinx appeared on the first CMC in Tribunal File Nos. OLT-24-000574 and OLT-24-001015. Counsel for Metrolinx, Mr. O’Callaghan, advised the Tribunal that a third Application for Compensation is expected to be filed on behalf of Shoppers Drug Mart (“Shoppers”), a former tenant at the Subject Properties, and submitted that the CMC should be adjourned as the three applications should proceed and be heard together. On consent, the CMC was adjourned to January 22, 2025, at the return of which the CMC was further adjourned until March 20, 2025, to permit the exchange and close of pleadings in the third application brought by Shoppers.
3Upon convening the CMC, Mr. O’Callaghan advised the Tribunal that all pleadings are closed and that all counsel have agreed that the Tribunal order that the three applications proceed and be heard together and that a four-week Hearing will be required during the months of May and June 2026.
4Following consultation respecting the Tribunal’s calendar and the availability of the Parties, counsel and witnesses, a four-week Hearing on the Merits, by video conference was agreed upon, commencing on Monday, May 25, 2026 at 10 a.m. and continuing until Friday, June 19, 2026, with the exception of Monday, June 15, 2026, on which date the Tribunal will not be sitting.
5Counsel undertook to prepare and submit a consent pre-hearing Timetable and Procedural Order in the usual form.
HEARING – MAY 25 TO JUNE 19, 2026
6For the four-week video hearing, commencing on Monday, May 25, 2026, at 10 a.m. and continuing until Friday, June 19, 2026, the Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
7Parties 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
8Persons who experience technical difficulties accessing the GoTo Meeting 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 as indicated above.
9Individuals 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
10THE TRIBUNAL ORDERSTHAT:
a. These applications proceed and be heard together;
b. Counsel for the Parties will deliver a proposed draft Procedural Order to the Tribunal by Wednesday, April 30, 2025; and
c. Vice Chair William Middleton shall be seized for all matters of ongoing case management and any motion practice but shall not be seized for any mediations or the final hearing of this proceeding.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
Ontario Land Tribunal
Website: 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.