Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 09, 2025
CASE NO(S).: OLT-24-000728
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: David and Tammy Hart
Respondent: Township of South Stormont
Description: Determination of compensation
Reference Number: Plan of Expropriation ST141729
Property Address: Concession 7 Osnabruck, Part Lots 25, 26, 27, and 28
Municipality/UT: South Stormont/Stormont, Dundas and Glengarry
OLT Case No.: OLT-24-000728
OLT Lead Case No.: OLT-24-000728
OLT Case Name: David and Tammy Hart v. South Stormont (Township)
Heard: February 6, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
David and Tammy Hart ("Claimants")
Leah Cummings
Township of South Stormont ("Respondent")
S. Putnam
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 6, 2025 AND ORDER OF THE TRIBUNAL
1This hearing event is the first Case Management Conference ("CMC") conducted in the applications for compensation under s.26(1) of the Expropriations Act. The claim arises from the expropriation by the Respondent of a fee simple interest in the property owned by the Claimants which is described as Part of Lots 25, 26, 27 and 28, Concession 7, Osnabruck, South Stormont, and known as the Hart Farm ("Subject Property"). The lands expropriated were required by the Respondent to establish a contaminant attenuation zone from the Trillium Landfill which lies to the north of the Hart Farm.
2Prior to the CMC, counsel for the Claimant, Ms. Cummings, had advised the Tribunal that both counsel have agreed that the Subject Property may be environmentally contaminated and that a hearing date and a Procedural Order cannot be established, or appraisals prepared, until the environmental status of the Subject Property is determined.
3In response to the Tribunal’s inquiry, both counsel agreed that the environmental status of the Subject Property can be determined, and appraisals prepared by May 15, 2025. Counsel therefore requested that the Tribunal adjourn this CMC to a date to be set after Thursday, May 15, 2025 to which the Tribunal agreed.
4THE TRIBUNAL ORDERSTHAT:
a. The Parties are to exchange their appraisal reports on or before Thursday, May 15, 2025; and
b. The Tribunal will determine in due course whether a further Case Management Conference will be required at a date subsequent to Thursday, May 15, 2025.
5Vice Chair William Middleton shall be seized with respect to case management matters and any motion practice in this proceeding, but not in respect of any mediations that may be convened or in respect of the final hearing of this case.
"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.