Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2025
CASE NO(S).: OLT-23-001261 OLT-24-000347
PROCEEDING COMMENCED UNDER subsection 17(4) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4
Claimant: Capital Paving Inc. Respondent: Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc. Subject: Claim for Compensation Municipality: Region of Waterloo OLT Case No.: OLT-23-001261 OLT Lead Case No.: OLT-23-001261 OLT Case Name: Capital Paving Inc. v. Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc. (Enbridge Gas)
PROCEEDING COMMENCED UNDER subsection 17(4) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4
Claimant: Capital Paving Inc. Respondent: Enova Power Corporation et. al. Subject: Claim for Compensation Municipality: Region of Waterloo OLT Case No.: OLT-24-000347 OLT Lead Case No.: OLT-24-000347 OLT Case Name: Capital Paving Inc. v. Enova Power Corporation et. al.
Heard: April 9, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Capital Paving Inc. | Darcia Perry |
| Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc. | Justin Martin |
| Enova Power Corporation | Justin Martin |
| Hydro One Networks Inc. | Raman Dhillon, Tamar Klein |
| Bell Canada | Keri Bedeau |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON APRIL 9, 2025 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the third Case Management Conference (“CMC”) for a Claim for Compensation filed by Capital Paving Inc. (“Claimant”) against Enbridge Gas, Enbridge Gas Distribution, and Enbridge Gas Inc. (“Enbridge”) pursuant to s. 17(4) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4 (“OUINS Act”).
2Additionally, the Tribunal convened the second CMC for a Claim for Compensation filed by the Claimant against Enova Power Corporation (“Enova”), Hydro One Networks (“Hydro One”) and Bell Canada (“Bell”) pursuant to s. 17(4) of the OUINS Act.
3Enbridge, Enova, Hydro One, and Bell may be referred to collectively as the “Respondents” in this Decision.
4In accordance with the May 25, 2024 CMC, to avoid duplication and ensure efficiencies, it was determined that these matters are being heard together in accordance with Rule 16.3 of the Ontario Land Tribunal Rules of Practice and Procedure (“OLT Rules”).
5The Claimant is seeking compensation for lost revenue, unrecovered overhead costs, lost profit, underutilization of equipment, and labour, as well as any related costs for the period dating from Monday, May 9, 2022 to Monday, June 13, 2022, due to alleged delays caused by the Respondents’ failure to provide locates within five business days in accordance with s. 6(3) of the OUINS Act.
6Ms. Perry, Counsel for the Claimant, inquired about the possibility of Tribunal-led mediation. Counsel for the Respondents informed the Tribunal that they have not received direction from their Clients regarding Tribunal-led mediation. The Parties understand that they may request this mediation at their convenience.
7The Parties have been working collaboratively and have presented a draft Procedural Order (“PO”) for the consideration of the Tribunal. It is the Parties’ intention to continue discussions.
8The Tribunal requested that a revised draft PO be submitted, on consent, to ensure that the Issues of all Parties are included, and that the appropriate dates for the exchange of documents and meetings of expert witnesses are reflected. The City was directed to submit the revised draft PO before Friday, April 18, 2025, to the Case Coordinator.
9Based on the discussions during the CMC regarding the scope of the Issues and the expected number of witnesses each Party will rely on, the Tribunal determined that it would be reasonable to schedule the hearing for fourteen (14) days. The Parties were directed to advise the Tribunal through the Case Coordinator well in advance if the scheduled dates could be reduced.
10The Tribunal will set a hearing based on the available date blocks provided by the Parties.
11The Tribunal will confirm that the revised PO is approved and will govern the proceedings of the hearing through the Case Coordinator.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.
13The Tribunal commended Counsel for the Parties for their willingness to work collaboratively.
14A fourteen (14)-day hearing is scheduled to proceed by video on Wednesday, November 4, 2026, at 10 a.m. The hearing will not be conducted on Wednesday, November 11, 2026 and on Monday, November 16, 2026.
15Parties 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/927921077
Access code: 927-921-077
16Parties 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
17Persons 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) 497-9391 or (Toll Free) 1-888-299-1889. The access code is 927-921-077.
18Individuals 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 to the event at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
19THE TRIBUNAL ORDERS the directions contained in this Decision.
20The Member remains available through the Case Coordinator should the need arise, subject to the Tribunal’s scheduling requirements.
“W. Daniel Best”
W. DANIEL BEST
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.