Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 27, 2024
CASE NO(S).: OLT-23-000919
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant: Kirk Joel Raymond and Annarosa Raymond
Respondent: The Corporation of the City of Windsor
Description: Determination of compensation
Reference Number: Expropriation Plan CE1109687
Property Address: 6470 Riverside Drive E
Municipality/UT: Windsor/Essex
OLT Case No.: OLT-23-000919
OLT Lead Case No.: OLT-23-000919
OLT Case Name: Raymond v. Windsor (City)
Heard: May 2, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Kirk Joel Raymond Annarosa Raymond
Ondrej Sabo Paul Ledroit (in absentia)
City of Windsor
Aaron Farough
MEMORANDUM OF ORAL DECISION DELIVERED BY Yasna faghani and BITA M. RAJAEE ON May 2, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to a claim for compensation pursuant to s. 26(1) of the Expropriation Act, R.S.O. 1990, c. E.26, as amended (“Act”) by Kirk Joel and Annarosa (“Claimants”), the owners of the municipal lands at 6470 Riverside Drive East (“Subject Property”) in the City of Windsor (“City”), against the City, resulting from an expropriation that was registered on the Subject Property on November 7, 2022 by way of Expropriation Plan CE1109687.
2The Subject Property was partially expropriated as part of the City’s Riverside Vista Road Improvements Project Phase 2A – Plan B. The expropriated lands are intended for the construction of permanent berm elevation on the Subject Property.
3The Claimants claim compensation for the subject expropriation, including: $292,000 for the value of the easement takings; disturbance damage and trespass damage in the amount of $50,000; and interests, costs, and other damages that the Tribunal may consider.
4The Claimants filed a Procedural Order (“PO”) prior to the CMC. At the CMC the City advised it generally agreed with the PO and had minor changes with respect to the timing of submissions. The Tribunal reviewed the PO and recommended provisions to be included with respect to the timing of exchanging the Affidavit of Documents and the meeting of Experts. In addition, the Tribunal ordered the inclusion of provisions with respect to the following: the timing of the delivery of the witness lists prior to the Hearing, witness statements and the timing of delivery of said statements in advance of the Hearing, the deadline for the parties to advise the Tribunal whether they still require all scheduled Hearing dates, and a deadline for the parties to prepared and file a Joint Book of Documents with the Tribunal.
5The Parties were directed to provide the final version of the PO, containing updated dates and incorporating the directions of the Tribunal, to the Tribunal by May 16, 2024 and have now done so. It is attached to this Decision and will guide these proceedings.
6The Tribunal inquired as to whether the parties had considered mediation, including the use of Tribunal-assisted mediation. The Parties indicated that mediation has been contemplated in the PO and may be helpful. The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
HEARING DATE
7With respect to the Hearing date, the Parties advised that, based on the issues in dispute and the potential number of witnesses, a three (3) day Hearing would be required. Both parties agreed that a Hearing timeline in the fall would suffice.
8As such, a Video Hearing has now been scheduled for three (3) days, commencing at 10 a.m. on Wednesday, November 6, 2024, continuing to Friday, November 8, 2024.
9On the dates of the Hearing, November 6 – 8, 2024, the Parties are to use the following coordinates:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
10Parties 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. Parties 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: Toll-Free: 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated 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 as follows:
a. The Procedural Order, attached as Schedule A, will govern these proceedings.
b. The Hearing in this matter is scheduled to take place by Video Hearing as set out above in this Decision.
14The Members are not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Yasna Faghani”
YASNA FAGHANI
MEMBER
“Bita M. Rajaee”
BITA M. RAJAEE
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
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CASE NO(S).: OLT-23-000919
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
Claimant
Kirk Joel Raymond and Annarosa Raymond
Respondent
The Corporation of the City of Windsor
Description:
Determination of compensation
Reference Number :
Expropriation Plan CE1109687
Property Address:
6470 Riverside Drive E
Municipality/UT:
Windsor/EssexA
OLT Case No:
OLT-23-000919
OLT Lead Case No:
OLT-23-000919
OLT Case Name:
Raymond v. Windsor (City)
PROCEDURAL ORDER
The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
The video hearing will begin on November 6, 2024 at 10:00 am at _________________.
The parties’ initial estimation for the length of the hearing is 3 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
The Claimant served and filed a Notice of Arbitration and Statement of Claim on or about September 25, 2023.
The Respondent served and filed its Reply on May 10, 2024.
Each Party shall provide to the other and to the Tribunal, no later than 60 days prior to hearing date, any documents to be relied upon, including any expert reports and expert witness statements , provided that each Party shall have until 30 days prior to the hearing date to file any further expert witness statements in reply.
On or by May 24, 2024 the parties shall discuss whether a request should be made for mediation of this matter. If one or both of the parties wish to proceed with mediation, then an Expropriation Mediation Request Form shall be submitted to the Tribunal on or by May 31, 2024.
On or before July 31, 2024 the parties will give the Tribunal a status update, including advise as to whether or not a further Case Management Conference should be scheduled by the Tribunal and if all Hearing dates remain required.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 28, 2024.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
ATTACHMENT 1
Party
Party Status
Counsel / Representative
Kirk Joel Raymond and Annarosa Raymond
Claimants
Ledroit SABO 46 Ridout Street South London, ON N6C 3W6 Paul Ledroit (LSO #12470Q) T: 519-432-9051 x 200 pledroit@ledroitsabo.com Ondrej Sabo (LSO #62737R) T: 519-432-9051 x 201 osabo@ledroitsabo.com
The Corporation of the City of Windsor
Respondent
The Corporation of the City of Windsor Office of the City Solicitor Legal Services Division 400 City Hall Square East, Suite 201 Windsor, ON N9A 7K6 Aaron Farough afarough@citywindsor.ca
ATTACHMENT 2
CASE NO(S).: OLT-23-000919
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
BETWEEN
KIRK JOEL RAYMOND and ANNAROSA RAYMOND
Claimants
-and-
THE CORPORATION OF THE CITY OF WINDSOR
Respondent
ISSUES LIST
- The issues shall be those as set out in the pleadings delivered by the Claimant.
ATTACHMENT 3
CASE NO(S).: OLT-23-000919
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.27
BETWEEN
KIRK JOEL RAYMOND and ANNAROSA RAYMOND
Claimants
-and-
THE CORPORATION OF THE CITY OF WINDSOR
Respondent
ORDER OF EVIDENCE
Kirk Joel Raymond and Annarosa Raymond
The Corporation of the City of Windsor
Kirk Joel Raymond and Annarosa Raymond, in Reply