Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 08, 2026
CASE NO(S).: OLT-24-000230
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant
Mark Perry, et al.
Respondent
The Regional Municipality of Waterloo
Subject:
Determination of compensation
Description:
To facilitate an improvement to King Street through the implementation of the ION Light Rail Transit System
Property Address:
679 King W.
Municipality/UT:
Kitchener/Waterloo
OLT Case No:
OLT-24-000230
OLT Lead Case No:
OLT-24-000230
OLT Case Name:
Perry vs. Regional Municipality of Waterloo
Heard:
May 14, 2026 by video hearing
APPEARANCES:
Parties
Counsel
Mark Perry, Sandra Perry M. Pavia, S. Roberts (“Claimants”)
Regional Municipality of Waterloo (“Waterloo”) M. Goldstein
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON MAY 14, 2026 AND ORDER OF THE TRIBUNAL
1This proceeding was commenced by the Claimants arising from the purchase of lands by Waterloo by agreement made pursuant to section 30 of the Expropriations Act, R.S.O. 1990, c. E.26 in connection with a light rail system.
2There are no other Parties to this matter and the issues are captured in the Notice of Arbitration and Statement of Claim filed by the Claimants and in the Reply delivered by Waterloo.
3The Parties have been in discussion for about one year but have been unable to resolve their dispute and now wish to proceed with this case. On May 14, 2026, a Case Management Conference (“CMC”) was held by video.
4At the CMC, the Parties requested a hearing date be held in the Spring of 2028, almost two years away – an unusual request given that the Tribunal typically schedules hearings in expropriation matters within 12 to 18 months from request. Upon further reflection subsequent to the CMC, the Tribunal has determined that this matter ought to proceed to a final hearing prior to the end of 2027, as the Tribunal is not prepared at this time to open its 2028 calendar. Therefore, the Tribunal has scheduled a 12-day hearing to commence on Monday, November 8, 2027 at 10 a.m. The Tribunal will not be sitting on November 15, 2027.
5It is the Tribunal’s expectation that all documentary and oral discovery will be completed by the Parties in 2026. The Tribunal has also scheduled a status conference to take place on Friday, November 27, 2026.
6The hearings are scheduled to proceed in 2026 and 2027 by video as follows: FINAL HEARING: NOVEMBER 08, 2027 at 10 a.m. – NOVEMBER 25, 2027
(12 days – Tribunal not sitting November 11th and/nor November 15th, 2027)
GoTo Meeting: https://meet.goto.com/370987861
Access code: 370-987-861
Audio-only line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389
Audio-only access code: 370-987-861
STATUS HEARING: NOVEMBER 27, 2026 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free): 1-888-299-1889 Audio-only access code: 687-587-165
7Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
8Parties and/or Participants 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons 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 shown above in paragraph 7.
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.
10As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
11The Tribunal acknowledges that subsequent to the CMC it has received correspondence from the Parties concerning a Procedural Order (“PO”). However, in light of the above scheduling, the Tribunal now directs that the Parties deliver a draft PO based on the above-noted final hearing date by on or before June 15, 2026.
ORDER
12THE TRIBUNAL ORDERS THAT:
(a) this matter has been scheduled for a status hearing and a final hearing as described in paragraphs 4 through 11above;
(b) the Parties shall deliver a draft Procedural Order by on or before June 15, 2026 in agreed form and substance for the Tribunal’s consideration or, alternatively, a draft which clearly delineates any areas of disagreement; and
(c) this Vice-Chair shall remain seized of this proceeding for ongoing case management purposes, including all motion practice, but shall not be seized for the final hearing or for any mediation which may be convened.
“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.