Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 08, 2025
CASE NO(S).: OLT-24-000712
PROCEEDING COMMENCED UNDER subsection 26(2)(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Bearsfield Developments Inc.
Respondent: Town of Bradford West Gwillimbury
Description: Determination of compensation
Property Address: 3039 6th Line
Municipality/UT: Bradford West Gwillimbury/Simcoe
OLT Case No.: OLT-24-000712
OLT Lead Case No.: OLT-24-000712
OLT Case Name: Bearsfield Developments Inc. v. Bradford West Gwillimbury (Town)
Heard: November 26, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Bearsfield Developments Inc. (“Claimant”) | Simon Fung |
| Town of Bradford West Gwillimbury (“Respondent”) | Matthew Owen-King |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON November 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This hearing event is the first Case Management Conference (“CMC”) conducted in what is now this Application for Compensation under the Expropriations Act. The claim arises from the expropriation by the Respondent of fee simple and temporary limited interest in the property owned by the Claimant, which is municipally known as 3039 6th Line, in the Town of Bradford West Gwillimbury (“Subject Property”). The lands were required by the Respondent to facilitate the construction of the South West Arterial Road project.
2Upon convening the CMC, counsel for the Respondent, Mr. Owen-King advised the Tribunal that all counsel have agreed that a 10-day hearing will be required during or about the month of February 2026.
3Following consultation respecting the Tribunal’s calendar and the availability of the Parties, counsel, and witnesses, a 10-day hearing was agreed upon.
4Counsel undertook to prepare and submit a consent pre-hearing timetable and procedural order by Wednesday, April 30, 2025.
Merit HEARING
5The hearing is scheduled to proceed by video on Monday, February 23, 2026 at 10 a.m.
6Parties 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/709076365
Access code: 709-076-365
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 it by calling in to an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 709-076-365.
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 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
10THE TRIBUNAL ORDERSTHAT:
a. The hearing of this proceeding is scheduled as set out above.
b. Counsel for the Parties deliver a proposed draft procedural order to the Tribunal by on or before Wednesday, April 30, 2025.
c. Vice Chair William Middleton shall be seized of all matters related to the ongoing case management of this matter, including all motion practice, but not in respect of any mediations that may be conducted or the final hearing of this proceeding.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
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.