Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 19, 2025
CASE NO(S).: OLT-23-000556 OLT-23-000607 OLT-24-000372 OLT-24-001130
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Dermot Cleary Respondent: Metrolinx Description: Determination of compensation Reference Number: Plan of Expropriation AT6051013 Property Address: 58 Stewart Street Municipality: City of Toronto OLT Case No.: OLT-23-000556 OLT Lead Case No.: OLT-23-000556 OLT Case Name: Cleary v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Geoff Christou Respondent: Metrolinx Subject: Expropriation / Land Compensation Description: To facilitate construction of the Ontario Line transit project Reference Number: AT6051013 Property Address: 58 Stewart Street, Unit 13 Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-000607 OLT Lead Case No: OLT-23-000607 OLT Case Name: Christou v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Constantine Tohme Respondent: Metrolinx Subject: Determination of compensation Description: To facilitate the construction of the Ontario Line transit project. Reference Number: AT6051013 Property Address: 58 Stewart Street, Unit 14 Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000372 OLT Lead Case No: OLT-24-000372 OLT Case Name: Tohme v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Kirby Andersen and Zanesha Andersen Respondent: Metrolinx Subject: Expropriation / Land Compensation Description: To facilitate construction of the Ontario Line transit project Reference Number: AT6051013 Property Address: 58 Stewart Street, Unit 301 Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-001130 OLT Lead Case No: OLT-24-001130 OLT Case Name: Andersen v. Metrolinx
PROCEEDING COMMENCED UNDER subsection 10(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Metrolinx Request for: Request for Directions Heard: June 11, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dermot Cleary ("Claimant") | Conner Harris |
| Metrolinx | Christel Higgs, Jessica Karban |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JUNE 11, 2025 AND ORDER OF THE TRIBUNAL
1The history of this matter – which has been consolidated with three other actions before the Tribunal, those being OLT-23-000607, OLT-24-000372 and OLT-24-001130, was set out in the Tribunal’s Decision issued on November 29, 2024 (“Prior Decision”) and need not be reiterated.
2Unfortunately, despite the issuance of a Procedural Order under the Prior Decision and the scheduling of a hearing (for all four/4 actions) to commence for a period of 15 days on September 9, 2025, little progress has been made on this particular proceeding by the Claimant. The Claimant, by his counsel’s admission, has neither delivered a complete Affidavit of Documents nor appeared for previously scheduled examinations for discovery. Counsel for Metrolinx therefore correctly complains that it is going to be very difficult to prepare for the hearing which is now only 3 months away.
3Thus, Metrolinx initiated a motion on May 2, 2025 to compel the delivery of an affidavit of documents, the scheduling of examinations for discovery and the cancellation of the September hearing dates for this action only. The Claimant finally responded to that motion on June 4th, following which the Tribunal scheduled this June 11, 2025 oral motion hearing event.
4The Claimant has essentially agreed to all of the relief sought by Metrolinx save and except the cancellation of the September hearing dates.
5At the June 11th motion hearing, the Tribunal discussed the motion and the current status of this matter with counsel for both Parties. An agreement was reached as to the next steps for this case, as reflected in the Orders made below.
6As an aside, the Parties also noted that the other three actions in this consolidated matter have been largely resolved and that they expect to formally advise the Tribunal accordingly in the next week or so.
Order
7The TRIBUNAL ORDERS THAT:
a. the Claimant shall provide to Metrolinx a sworn affidavit of documents, together with all listed documents in Schedule A thereto, by on or before June 30, 2025;
b. the Claimant shall be examined for discovery on July 28 and July 29, 2025;
c. the costs of this motion shall be determined following the final hearing of this proceeding, or following any resolution of this case OLT-23-000556, but only upon further written motion to this Tribunal if and as required by the Parties;
d. the hearing of this proceeding which had been scheduled to commence on September 9, 2025 shall be vacated from the Tribunal’s calendar;
e. on condition that the Claimant fully complies with the Orders made above in sections a. and b., the Claimant and Metrolinx may seek a new hearing date by contacting the Tribunal;
f. in the event that the Claimant and Metrolinx seek a new hearing date in accordance with paragraph [7] e., the current deadlines set out in the Procedural Order now governing this proceeding shall be suspended and a new Procedural Order shall be issued by the Tribunal; and
g. this Vice Chair shall remain seized of this matter for the purpose of ongoing case management and in respect of any future motion practice that may be commenced by either Party.
“William R. Middleton”
WILLIAM R. MIDDLETON VICE CHAIR
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.