The owner of Cambridge Tim Hortons who says business continues to be disrupted nearly eight years after the construction of the Franklin and Pinebush roundabout is seeking $1.5 million from the Region of Waterloo for losses and "injurious affection."
The claimant, who is only identified as an Ontario numbered company in the appeal to the Ontario Land Tribunal (OLT), claims public access to the plaza at 209 Pinebush Road was affected during construction in 2016, and has been limited since completion.
Since the region installed a raised median between the east and westbound lanes on Pinebush and Franklin near the roundabout, left turns are prevented into and out of the plaza from both streets.
The claim also says construction material and equipment was placed on the plaza property during staging in 2015 that deterred customers from visiting the restaurant and drive thru.
The plaza owner's claim against the region for land expropriated during construction has already been resolved.
The Tim Hortons owner, who leases space in the plaza, appealed to the OLT in 2019 under the Expropriations Act, but the first status hearing on the case wasn't held until last month.
It determined the merits of the case so a hearing could be scheduled.
Due to a backlog of cases at the OLT, and the availability of all parties and witnesses, the four-day hearing will take place almost a year from now, on Sept. 17, 2024.
Region of Waterloo communications manager Lynsey Slupeiks said since the case is still before the tribunal, the region will not provide comment.
