Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 06, 2023
CASE NO(S).: OLT-21-001159
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimants: Edward and Dorothy Janisse
Respondent: City of Windsor
Subject: Land Compensation
Property Address/Description: Part of Lots 119 and 120, Concession 3
Municipality: City of Windsor
OLT Case No.: OLT-21-001159
OLT Lead Case No.: OLT-21-001159
OLT Case Name: Edward and Dorothy Janisse v. City of Windsor
Heard: December 9, 2022 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Edward and Dorothy Janisse
Dante D. Gatti, counsel of record
(“Claimants”)
(not appearing)
The Corporation of the City of
Patrick Brode
Windsor (“City”)
MEMORANDUM OF ORAL decision DELIVERED BY ROBERT G. ACKERMAN ON December 9, 2022 AND ORDER OF THE TRIBUNAL
1This hearing event is the second Case Management Conference (“CMC”) conducted in this Claim for compensation brought by the Claimants against the City arising out of the taking of a portion of the Claimants’ lands in March of 2016.
2The first CMC was conducted on May 10, 2022, by Vice-Chair David L. Lanthier. At that event, a Procedural Order was granted and subsequently issued on June 9, 2022. A three-day Video Hearing was ordered to commence at 10 a.m. on Wednesday, February 22, 2023, continuing to Friday, February 24, 2023.
3The Parties were ordered to prepare and file a draft hearing plan with the Tribunal on or before November 1, 2022.
4A TCC Status Hearing was also directed to commence at 9 a.m. on December 9, 2022. The purpose of the Status Hearing was to review the Parties’ draft hearing plan and to address any other outstanding matters relating to the hearing.
5A draft hearing plan was submitted prior to the Status Hearing by counsel for the City. Both counsel advised the Tribunal that they were content with the draft hearing plan filed. The Tribunal therefore orders and directs that the Hearing proceed in accordance with the Hearing Plan attached hereto as Schedule “A”.
6Both counsel advised the Tribunal that there were no other outstanding issues, which they required to be addressed and that the Parties will be ready to proceed with the three-day Video Hearing commencing on Wednesday, February 22, 2023.
7This Member is not seized.
8So orders the Tribunal.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE A