Tribunal Declines Metrolinx Request to Combine Hearings
On July 9, 2025, the Ontario Land Tribunal recently dismissed a motion brought by Metrolinx to have three expropriation claims heard together (OLT-23-000848; OLT-23-000851; OLT-23-000860). The matters relate to adjacent properties along Queen Street West in Toronto, all acquired for the Ontario Line transit project.
Metrolinx had requested that the Tribunal direct the three matters to be heard sequentially at the same hearing event, citing efficiency, overlapping legal issues, and the use of common witnesses. The request was opposed by all three claimants.
The Tribunal found that although there were surface-level commonalities among the files, the claims were based on different legal theories, compensation frameworks, and stages of litigation. It concluded that the matters should proceed independently and that a joint hearing would not serve the interests of fairness or efficiency under the Tribunal’s Rules.
The Tribunal ordered that each file maintain its own schedule and that necessary procedural steps, including the completion of Procedural Orders and discoveries, proceed accordingly.
SOK LLP acted for two of the responding parties. The decision underscores the Tribunal’s commitment to preserving procedural fairness in complex multi-party expropriation proceedings, especially where the claims are substantively distinct.