Here’s what you need to know about the Board of Negotiation (BON) meetings

A panel of the Board of Negotiation (BON) will be assigned to meet with the property owner who has a claim against a municipality or other authority such as a ministry or provincial agency under the Expropriations Act. The power of the BON is set out in Section 27 of the Expropriations Act. At the beginning of the meeting, the panel members will review the mediation process that they will follow that day. The BON’s mandate is to assist the parties to successfully negotiate a settlement of the compensation for the claim by an informal process.

While BON does not have power to impose a settlement, the BON may, where it would assist the parties and we have sufficient information, provide a recommendation to the parties on what would be fair compensation.

BON mediation is confidential. The property owner may choose to continue with the claim to the Ontario Municipal Board (OMB) after the BON process. The BON and OMB take strict measures to ensure that any information that BON receives is not provided to the OMB.

Because of the confidentiality of this process, the parties are free to discuss the strengths and weaknesses of their position and the other party cannot rely on statements made in the discussions as admissions of weakness of the case or to establish facts later in the OMB process. The written material in the mediation briefs is used solely for the purpose of this negotiation.

Before the negotiation meeting, the BON panel will have viewed the property for which there is a claim. In addition, to better understand this dispute, the BON panel will have reviewed all the written material the parties have provided.

At the end of the meeting if no settlement has been agreed to, the BON panel may make a recommendation which is not binding on the parties. In the event that there is no settlement at the meeting, and the parties would like to reconvene to discuss any unresolved issues, the BON may set up another meeting with the parties to try again.

In the meeting, both sides will be given ample opportunity to present the compensation claim and the reasons for the dispute, the facts they agree on, and any areas and opinions where the experts agree and disagree.

After hearing from each of the parties, the BON panel will meet with each side alone to discuss the opportunities to settle.

The BON panel may reconvene with both parties together to discuss areas of agreement and perhaps negotiate further if we are unable to get agreement in talking to you separately.

A few pointers:

  • Although this is an informal process we trust that you will show respect when addressing the BON Members and the other party.
  • The BON expects each person to show respect and courtesy and allow the person speaking to finish their presentation without interruption.
  • Please address BON panel members and the other people there by their surname.
  • At the start of the meeting, the panel will:
  • Confirm that everyone has the same reports and ask if there are any more materials that are to be referred to
  • Ask if there have been any discussions between the parties since the materials were first provided to the BON.
  • Ask what amounts have been offered to date for discussion?

Please Note

The information contained in this information sheet is not intended as a substitute for legal or other advice, and in providing this information, the Board of Negotiation (BON) assumes no responsibility for any errors or omissions in this information sheet, and shall not be liable for any reliance placed on the information in this information sheet. Additional information is available at , or by calling (416) 212-6349 or toll free 1-866-448-2248.

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