Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2025
CASE NO(S).: OLT-25-000092
PROCEEDING COMMENCED UNDER section 7 of the Expropriations Act, R.S.O. 1990, c. E.26
Expropriating Authority: The Regional Municipality of Peel
Subject: 2678615 Ontario Inc.
Description: Hearing of Necessity
Reference Number: The Regional Municipality of Peel – West Trunk Sanitary Sewer Diversion Project
Property Address: (Part of Block C, Registered Plan 548, City of Mississauga, Regional Municipality of Peel, designated as Parts 1 and 2 on Reference Plan 43R-41561)
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-25-000092
OLT Lead Case No.: OLT-25-000092
OLT Case Name: 2678615 Ontario Inc v. Peel (Regional Municipality)
Heard: April 29, 2025, by video hearing
APPEARANCES:
Parties Counsel
The Regional Municipality of Peel (“Region”) Lou Fortini
2678615 Ontario Inc. (“Owner”) Shane Rayman
report of the tribunal DELIVERED BY d.s. colbourne AND JACKIE DENYES
Introduction
1This is the Report of a Hearing of Necessity (“Hearing”) held under section 7 of the Expropriations Act, R.S.O. 1990, c. E.26 (“Act”). Informal inquiries are held in order to determine whether the proposed taking by the expropriating authority of an owner’s land is “fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority” as the Act indicates.
2Notice of Application for Approval to Expropriate Land was deemed served upon the Owner by registered mail on November 14, 2024.
Subject Lands
3The proposed expropriation by the Region to expropriate specific rights, title and interests relates to the following lands:
Permanent Easement Part of PIN 13205-0208 (LT) legally described as Part of Block C, Registered Plan 548, City of Mississauga, Regional Municipality of Peel, designated as Part 1 on Reference Plan 43R-41561, as modified in PIP303B prepared by Hatch Ltd; and
Temporary Construction Easement Part of PIN 13205-0208 (LT), legally described as Part of Block C, Registered Plan 548, City of Mississauga, Regional Municipality of Peel, designated as Part 2 on Reference Plan 43R-41561, as modified in PIP303B prepared by Hatch Ltd.
for the municipal purpose of facilitating the construction and maintenance of the West Trunk Sanitary Sewer Diversion between Kitimat Road and Eglinton Avenue West and between Erin Mills Parkway and Mississauga Road/Queen Street South in the City of Mississauga and other works ancillary thereto.
Recording the Hearing
4The Tribunal was advised that the Region had engaged the services of a qualified court reporter to be in attendance, pursuant to Rule 26.34 of the Ontario Land Tribunal Rules of Practice and Procedure, with the knowledge and consent of the Owner. The Rule in question reads as follows:
26.34 Verbatim Reporter The expropriating authority shall arrange, at the expense of the expropriating authority, for the attendance of a qualified verbatim reporter to record, in writing, all oral evidence submitted before the Tribunal.
Hearing
5At the commencement of the Hearing, the Tribunal marked the following exhibits:
- Exhibit 1 – Affidavit of Service of Meagan Davis attesting to proper Notice having been given for this Hearing, served April 14, 2025;
- Exhibit 2 – Notice of Grounds (Form 4); and
- Exhibit 3 – Region’s Document Book (3,950 pages).
6There was much disagreement between the Parties with respect to the appropriateness of marking the Owner’s Book of Documents (54 pages) (“Proposed Exhibit 4”) as it technically is not evidence. The Region further asserted that the Proposed Exhibit 4 contains select documents and authorizations between counsel who are neither Parties nor witnesses in this proceeding. As a result, it would, in effect, make both counsel witnesses in this matter. Further, the Proposed Exhibit 4 is not accompanied by an affidavit.
7Mr. Rayman suggested this matter could be remedied by allowing the Proposed Exhibit 4 to be filed and that the four representatives of the Region, who were virtually present, could give viva voce evidence and be cross-examined by him to ensure a full record of whether the taking of such land is fair, sound and reasonably necessary. Mr. Fortini objected and indicated a summons would be required for staff to give evidence.
8Mr. Rayman indicated that despite his request for witness statements and documents, he was served late with the Region’s Expert Witness Curriculum Vitae and Acknowledgement of Expert Duty (“CV and AED”), and did not receive witness statements, and therefore he was not able to prepare adequately or determine what witnesses he requires. He relied on Rule 7.4 of the Act, as follows:
(4) At least five days before the date fixed for the hearing, or by such earlier time as may be specified by the Tribunal, the expropriating authority shall,
(a) serve on each of the other parties a notice indicating the grounds on which it intends to rely at the hearing; and
(b) make available for inspection by the other parties any documents, including maps and plans, that the expropriating authority intends to use at the hearing.
9Adjournment discussions took place given the positions taken by counsel. Mr. Rayman indicated it would be unfair to his client to adjourn and that he is prepared to proceed on this date in the manner he proposed by calling the four staff representatives of the Region who were virtually present. Mr. Fortini maintained they would require a summons. Mr. Fortini further indicated he is content to adjourn for a short period of time and acknowledged that the CV and AED of Mr. Graeme Henderson was delivered late. Mr. Fortini was cognizant of the timelines and costs associated with the project but consented to a brief adjournment.
HEARING CONTINUATION
10The Hearing is rescheduled to proceed by video on Friday, May 16, 2025 at 10 a.m.
11Parties 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/656004293
Access code: 656-004-293
12Parties 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
13Persons 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: 656-004-293.
14Individuals 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
15THE TRIBUNAL ORDERS THAT:
A one-day continuation of the Hearing of Necessity is to commence on Friday, May 16, 2025, commencing as noted above;
Notice of a properly served Curriculum Vitae and Acknowledgement of Expert Duty and Witness Statement of Graeme Henderson be served and filed within 10 days from the date of this hearing event;
A jointly prepared Hearing Plan is to be served and filed within 10 days from the date of this hearing event;
Further Notice to the Parties is to be given by the Case Coordinator; and
The Tribunal Panel remains seized.
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
“Jackie Denyes”
JACKIE DENYES
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.