Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-22-003158
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Paciorka Leaseholds Limited
Respondent: City of Windsor
Subject: Land compensation; Injurious Affection
Property Address/Description: Parts 5, 6, 7, 8, 12, 13, 15, 20, 22, 23, 34, 35, 36, 37, 42, 43 and 44 on Plan of Expropriation No. RE1541750, deposited in the Land Registry Office for the Registry Division Land Titles Division of Essex; Remaining lands within the Malden Planning Area shown on Registered Plan 911
Municipality: City of Windsor
OLT Case No.: OLT-22-003158
Legacy File No.: L050012
OLT Lead Case No.: OLT-22-003158
Legacy Lead Case No.: LC050010
OLT Case Name: Paciorka Leaseholds Limited v. Windsor (City)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Bruce Paciorka
Respondent: City of Windsor
Subject: Land compensation
Property Address/Description: Part 60 on Plan of Expropriation No. RE1541750
Municipality: City of Windsor
OLT Case No.: OLT-22-003159
Legacy File No.: L050013
OLT Lead Case No.: OLT-22-003158
Legacy Lead Case No.: LC050010
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Paciorka Leaseholds Limited, Gordon Paciorka and Bruce Paciorka
Respondent: City of Windsor
Subject: Land compensation; Injurious Affection
Property Address/Description: Parts 2, 3, 4, 8, 10, 13, 18, 24, 26, 40 and 42 on Plan of Expropriation No. R154470 (CE 191183); Remaining lands within the Malden Planning Area shown on Registered Plan 911
Municipality: City of Windsor
OLT Case No.: OLT-22-003161
Legacy File No.: L060057
OLT Lead Case No.: OLT-22-003158
Legacy Lead Case No.: LC060055
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Elizabeth Frey
Respondent: City of Windsor
Subject: Land compensation; Injurious Affection
Property Address/Description: Parts 46, 49 and 50 on Plan of Expropriation No. R1541750 and CE68952; Remaining lands within the Malden Planning Area and more particularly shown as Lots 242-244, Plan 875, and Lots 37-40 on the same Plan
Municipality: City of Windsor
OLT Case No.: OLT-22-003162
Legacy File No.: L070009
OLT Lead Case No.: OLT-22-003158
Legacy Lead Case No.: LC070009
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Claimant: Paciorka Leaseholds Limited, Gordon Paciorka and Bruce Paciorka
Respondent: City of Windsor
Subject: Land compensation; Injurious Affection
Property Address/Description: Parts 55, 57, 60, 64, 69, 70 and 115 on Plan of Expropriation No. RE1547685 (CE 312765), deposited in the Land Registry Office for the Registry Division and Land Titles Division of Essex (12); Remaining lands within the Malden Planning Area shown on Registered Plan 911
Municipality: City of Windsor
OLT Case No.: OLT-22-003165
Legacy Case No.: LC080005
OLT Lead Case No.: OLT-22-003158
Legacy Lead Case No.: LC080005
Heard: June 23, 2023 by video hearing
APPEARANCES:
Parties
Paciorka Leaseholds Limited Bruce Paciorka Gordon Paciorka Elizabeth Frey
Counsel
Jason Beitchman Ryan Smith
Parties
City of Windsor
Counsel
Andrew Baker Julie LeSage
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON JUNE 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On February 7, 2020, the Tribunal issued its Decision in these claims which Ordered that compensation be paid by the Respondent to the Claimants. The Tribunal’s Decision left to be determined the issues of the adjustment of the Claimants’ Disturbance Damages, and the determination of the Claimants’ costs pursuant to Section 32(1) of the Act. This Case Management Conference (“CMC”) was jointly requested by the Parties for the purpose of determining the procedure required to address these two remaining issues and to schedule a Hearing date.
2Counsel agreed that a five-day Hearing would be required to determine the Disturbance Damages adjustment and the quantum of the Claimants’ costs to be paid by the Respondent. The Hearing was scheduled, on consent, to begin on April 22, 2023.
SECOND CMC
3The Tribunal directed, and the Parties agreed, to attend a second CMC on Wednesday, October 4, 2023, to establish a timetable for the delivery of the Claimants’ Bill of Costs and Costs Brief, any response thereto, and any documents or reports regarding the Disturbance Damages claim. Counsel undertook to provide the Tribunal with a draft timetable by Monday, October 2, 2023.
4Accordingly, the Tribunal set a second CMC for: Wednesday, October 4, 2023 commencing at 10 a.m. by Video Hearing.
5Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
6Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-299-1889. The access code is 927-921-077.
8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
HEARING – April 22 to 26, 2024
9For the five-day video hearing, commencing at 10 a.m. on Monday, April 22, 2024, and continuing to Friday, April 26, 2024, the Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/996288525
Access code: 996-288-525
10Parties, witnesses and observers are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line provided above.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13THE TRIBUNAL ORDERS accordingly. No further Notice will be given. This Member is not seized.
“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.