The Wood Bull Guides

This Rule applies to proceedings under the Expropriations Act.

Definition of terms in this Rule on Expropriations:

“Act” means the Expropriations Act. R.S.O. 1990, c E 26, as amended

“claimant” means an owner as defined in the Act; and

“Respondent” means a statutory authority as defined in the Act.

A claimant seeking compensation shall serve a combined Notice of Arbitration and Statement of Claim on the Respondent, and shall file with the Tribunal proof of service of the Notice within 10 days of the date of service.  The Notice and Statement must be filed in both written and electronic form (pursuant to Rule 5) and set out,
(a) the amount claimed;
(b) the basis upon which the amount is calculated; and 
(c) the facts in support of each element of compensation claimed.

The Respondent shall serve a Reply on the claimant within 20 days after service of the Notice of Arbitration, and shall file with the Tribunal a copy of the Reply, and be filed in both written and electronic form (pursuant to Rule 5) along with proof of service on the claimant.

Where a claimant has not served a Notice of Arbitration under Rule 28.3, the Respondent may serve on the claimant a Notice of Arbitration, and shall file with the Tribunal proof of service of the Notice within 10 days of the date of service.

Where a Notice of Arbitration has been served by the Respondent, the Tribunal will not make an appointment for the hearing of the arbitration until the claimant has filed with the Tribunal and served on the Respondent a Statement of Claim for Compensation within the time required by the Tribunal unless the Tribunal decides otherwise upon request

Where a claimant has served a Statement of Claim for Compensation under Rule 28.3, the Respondent shall serve a Reply within 20 days after being served with the Statement, and shall file with the Tribunal a copy of the reply and proof of service on the claimant.

Where a Respondent denies that a claimant is entitled to any compensation on the grounds:
(a) that the claimant has no interest in the land expropriated or injuriously affected;
(b) that no compensation is payable with respect to the interest of the claimant in such land; or
(c) that the claim is barred by a provision in the Act or any statute;
(d) it must raise such denial in its reply, setting out the relevant facts and statutory provisions relied on.  If this is not done, the Respondent may not make such denial at the hearing of the arbitration, unless the Tribunal permits it.

An offer of compensation and acceptance of an offer of compensation made under section 25 of the Act may be in the Forms in R.R.O. 1990, Regulation 363.  An acceptance may be served upon the person named in the offer of compensation to receive it.

Service of documents may be made, in addition to the methods set out in subsection 1(2) of the Act,
(a) in the case of Her Majesty the Queen in right of the Province of Ontario, in the manner set out in section 10 of the Proceedings Against the Crown Act; and
(b) in the case of a municipal or other corporation, partnership or individual, on the persons prescribed by the Rules of Civil Procedure.

The only pleadings required in an arbitration to determine compensation are a Statement of Claim and a Reply, or in the case of a matter under Rule 28.07, a Notice of Arbitration, a Statement of Claim for Compensation and a Reply, unless the Tribunal orders otherwise.

A person appointed under section 37 of the Act to represent an owner of land may be examined or cross-examined by an opposing party in the place of the owner.

No Tribunal order is required for examinations for discovery or documents.  The Rules of Civil Procedure apply to proceedings under this Part unless the Tribunal on motion orders otherwise.  (Note, however, that appraisal reports to be relied on must be served at least 15 days before the hearing).

A party may request and the Tribunal may direct the parties to attend a prehearing conference, and the Rules governing such conferences apply.

The Tribunal may appoint a time for a hearing of the arbitration upon receipt of the notice of readiness for hearing, signed by or on behalf of all parties; or by an order following an oral or telephone motion (notice of the motion cannot be served until 30 days after service of the Notice of Arbitration) or a prehearing conference.

If the owner of land located outside of the City of Toronto consents, oral motions may be heard at the Tribunal’s offices in Toronto, or in any municipality reasonably close to where the lands are located.

The Registrar will mail a notice of the time and place for the arbitration to the Respondent.

The expropriating authority shall arrange, at the expense of the expropriating authority, for the attendance of a qualified verbatim reporter to record, in writing, all oral evidence submitted before the Tribunal.