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Procedural order issued and hearing scheduled for expropriation compensation claim.
The claimants brought a claim for compensation under the Expropriations Act arising from the expropriation of a permanent sub-surface easement beneath their residential property for a storm trunk sewer system.
At the case management conference, the parties agreed on a procedural order, issues list, and order of evidence.
The Tribunal issued the procedural order and scheduled a seven-day hearing on the merits.
The court dismissed an expropriation compensation application, ruling the Ontario Municipal Board has exclusive jurisdiction.
The Regional Municipality of York brought a motion to dismiss Great Land (Westwood) Inc.'s application for expropriation compensation, arguing that the Ontario Municipal Board (OMB) had exclusive jurisdiction.
Great Land sought a declaration of compensation for expropriated land and a a declaration regarding the validity of alleged contracts for nominal land dedication.
The court found that the essential character of Great Land's claim, including contractual disputes, fell within the exclusive jurisdiction of the OMB under the Expropriations Act and the Ontario Municipal Board Act.
Consequently, York's motion was granted, and Great Land's application was dismissed, with the matter directed to proceed via arbitration before the OMB.
