Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 14, 2024
CASE NO(S).:
OLT-22-003158
(Formerly LC050010)
PROCEEDING COMMENCED UNDER subsection 26(1) 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(1) 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(1) 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(1) 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(1) 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 File No.:
LC080005
OLT Lead Case No.:
OLT-22-003158
Legacy Lead Case No.:
LC080005
Heard:
October 4, 2023 by Video Hearing (“VH”) February 28, 2024 (in writing)
APPEARANCES:
Parties
Counsel
Paciorka Leaseholds Limited
Jason Beitchman
Bruce Paciorka
Ryan Smith
Gordon Paciorka
Elizabeth Frey
(“Claimants”)
City of Windsor
Andrew Baker
(“Respondent”)
Julie LeSage
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON October 4, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) in this phase of these long running land compensation claims, the first having been held on June 23, 2023.
2At the first CMC, Counsel had agreed that a five-day Hearing on the Merits (“Merits Hearing”) would be required, and the Merits Hearing was scheduled, on consent, to begin on April 22, 2023.
3The Tribunal directed the Parties to attend a second CMC 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 provided the Tribunal with the required draft Timetable prior to this CMC.
4The Tribunal suggested that the draft Timetable be amended to provide in paragraph 9 that the Hearing Plan is to be filed by Monday, March 11, 2024, and that a third CMC be scheduled. Counsel agreed to both suggestions. Counsel for the Claimants undertook to provide the Tribunal with an updated Timetable.
5Counsel for the Claimants indicated that he may request that the start date for the Merits Hearing be changed as it conflicts with the Passover Holiday. Both Counsel advised the Tribunal that they would confer and advise the Tribunal whether a change in the start date for the Merits Hearing would be requested.
REQUEST TO CHANGE HEARING DATE
6The Tribunal’s Case Coordinator subsequently received a request from Claimant’s Counsel, on consent, to reschedule the five-day Merit Hearing to commence on Monday, April 29, 2024, which request has been granted.
7The Tribunal has subsequently received and reviewed the revised draft of the Timetable. The fixed dates for the filing of the draft Hearing Plan, for the third CMC and for the Merits Hearing are now provided in the Timetable appended to this Decision as Attachment 1, which establishes and will now govern all further pre-hearing timelines. The coordinates for the Hearings are set out below in this Decision.
THIRD CMC
8The Tribunal set a third CMC for Friday, March 15, 2024, commencing at 10 a.m. by VH.
9Parties witnesses and observers are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted 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 VH 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 29 to May 3, 2024
13For the five-day Merits Hearing, commencing at 10 a.m. on Monday, April 29, 2024, and continuing to Friday, May 3, 2024, the Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/677087597
Access code: 677-087-597
14Parties, 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
15Persons 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) 1-888-455-1389. The access code is the same as the access code noted above.
16Individuals 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 VH 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
17THE 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.
ATACHMENT 1