Tamar Klein

The Ontario Land Tribunal held a case management conference regarding a claim for compensation by Capital Paving Inc. against several utility companies under the Ontario Underground Infrastructure Notification System Act, 2012.

The Tribunal issued a procedural order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, the order of evidence, and the timetable leading up to a 14-day video hearing scheduled to begin in November 2026.

The Tribunal convened a Case Management Conference regarding claims for compensation filed by the claimant against several utility companies under the Ontario Underground Infrastructure Notification System Act, 2012.

The claims allege delays in providing locates within the statutory five-day period.

The Tribunal directed the parties to submit a revised draft Procedural Order and scheduled a 14-day video hearing for November 2026.

The Tribunal initiated a motion to determine its jurisdiction to hear claims for compensation for late locates under the Ontario Underground Infrastructure Notification System Act, following the repeal of section 17(1)(c) on May 1, 2024.

The claimant argued that its claims were commenced prior to the repeal and that it had a vested substantive right to proceed under the Legislation Act.

The respondents argued that the legislature intended to eliminate the Tribunal's jurisdiction over such claims.

The Tribunal found that the repeal did not apply retroactively and that it retained jurisdiction to hear the claims on their merits.

The Tribunal convened Case Management Conferences for claims for compensation filed by the claimant against several utility companies for delays in providing locates.

Following the recent repeal of s. 17(1)(c) of the Ontario Underground Infrastructure Notification System Act, the respondents argued the Tribunal no longer had jurisdiction to award compensation.

The Tribunal initiated a motion to determine its jurisdiction via a written hearing and set a schedule for submissions.