Mediation

Mediation for municipal and environmental matters such as land use planning, environmental and natural features, and heritage protection, is available to parties involved in a case that is currently open before the OLT.

Requirements

You are required to submit your request for mediation in writing to the Tribunal, through the assigned Case Coordinator. The Tribunal will conduct a Mediation Assessment to determine if the issue or matter is suitable for mediation.

The Tribunal may deny a request for mediation if:

• it is determined that it is frivolous, vexatious or for the purpose of delay
• the mediation would have little or no chance of success
• adjudication is more efficacious or more cost-effective for resolution

Learn more about Mediation by checking the Tribunal’s Mediation Practice Direction, the Mediation section in the Hearings Guide or Rule 18 of the OLT’s Rules of Practice and Procedure.

Mediation for expropriation cases can take a different approach. Parties involved in an expropriation dispute have the option of requesting Tribunal-led mediation through two different streams:

(i)   Simplified Mediation
Simplified mediation refers to Member-led mediation. This stream was previously known as negotiation under the former Board of Negotiation.

(ii)   Formal Mediation
Formal mediation refers to mediator-led mediation. Mediations under this stream are referred
to the OLT Mediation Services Team.

If you would like to ask the OLT to hold a mediation, please fill out our Expropriation Mediation Request Form. There is no additional fee for a request of mediation at the OLT.

You can send the completed form to:

• the OLT Secure Email service

or

• by emailing OLT.Registrar@ontario.ca (the sharing of links to cloud-based storage platforms is also permitted)

If you wish to submit physical copies, you can mail to:

Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, ON M5G 1E5

Please ensure that you also send a copy to the other party (the expropriating authority or the owner) on the same day as filing.

When the OLT receives your request, a member of the Mediation Services Team or the Case Coordinator will reach out to you with next steps.

Scheduling your Mediation

A mediation that deals with land in the Greater Toronto Area (GTA) usually takes place at the OLT’s offices in Toronto. If the subject property is located outside of the GTA, mediations may be held at the local municipal office, a lawyer’s office, or another amenable location. Mediations may also be convened electronically (phone or video).

Mediation Materials

Prior to a mediation taking place, mediators may request further materials from the Parties such as:

• Property appraisals and market evaluations
• Maps
• Aerial photographs
• Other photographs
• Lists of comparable property sales
• Business evaluations
• Tenant agreements
• Maps
• Any other materials that support your compensation claim.

All materials intended to be used during the mediation, or requested by the mediator, shall be provided electronically to the Tribunal or otherwise as directed by the mediator.

Before the date of the mediation, the OLT also requires a list of all the attendees.

When your mediation is confirmed, the OLT will send the parties communication that confirms:

• The format and location of the mediation
• The time and date of the mediation
• Any additional materials that should be sent to the OLT.

The parties shall notify the Tribunal in writing within 30 days following a party’s acceptance of an offer of settlement made by the other party. Upon the payment of compensation due under such settlement, and subject to the determination of costs and interest under the Act, the arbitration before the Tribunal shall be closed subject to any directions or orders from the Tribunal.