S. Foran

The claimant sought $382,263.54 in legal, appraisal, and planning costs under section 32 of the Expropriations Act following a settlement for the partial expropriation of her property.

The respondent disputed portions of the costs, particularly legal fees for tax advice related to the claimant's non-resident status, arguing they were unrelated to determining compensation.

The Tribunal applied the principle of full indemnification but found only a portion of the tax advice costs were reasonably related to the compensation claim.

The Tribunal awarded $354,875.60 in costs, deferring the issue of interest pending a Divisional Court appeal in a separate matter.

The claimant in an expropriation proceeding became insolvent and its assets, including the right to continue the proceeding, were sold to a new corporate entity.

At a Case Management Conference, the Ontario Land Tribunal directed the claimant to bring a written motion for an order permitting the continuance of the claim by the new entity and scheduled a further Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference to update the timetable for an expropriation compensation claim.

The parties agreed to a new timetable, which was filed with the Tribunal.

The Tribunal ordered that all outstanding undertakings be fulfilled by January 31, 2023, and approved the agreed-upon timetable.

The claimants brought a motion regarding delayed responses to undertakings from the discovery of the City's appraiser in an expropriation compensation matter.

As previous timeframes could no longer be met, the parties sought a new hearing date to allow for appropriate exchange dates and potential mediation.

The Tribunal scheduled a further Case Management Conference, set new dates for the exchange of appraisal reports, and rescheduled the 15-day hearing for May and June 2023.