K & S Land Holding Co. Ltd. v. The Corporation of the City of Windsor, 2025 CanLII 119051

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 10, 2025

CASE NO(S).: OLT-25-000468

LAND COMPENSATION

PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: K & S Land Holding Co. Ltd.

Respondent: The Corporation of the City of Windsor

Description: Determination of compensation

Reference Number: Plan of Expropriation CE1118437

Property Address: 490 Division Road

Municipality: Windsor

OLT Case No.: OLT-25-000468

OLT Lead Case No.: OLT-25-000468

OLT Case Name: K & S Land Holding Co. Ltd. v. The Corporation of the City of Windsor

Heard: October 3, 2025 by Video Hearing

APPEARANCES:

Parties

Counsel

K & S Land Holding Co. Ltd.

Ondrej Sabo Paul Ledroit (in absentia)

City of Windsor (the “City”)

Aaron Farough

MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON OCTOBER 3, 2025 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This first Case Management Conference (“CMC”) was held with respect to an application made by K & S Land Holding Co. Ltd. (the “Claimant”) to the Tribunal for a hearing to determine compensation payable by the City (the statutory authority) to the Claimant in connection with the expropriation of certain portions of the property municipally known as 490 Division Road in the City pursuant to the Expropriations Act, R.S.O. 1990, c. E26, as amended (the “Act”).

2The Tribunal entered into evidence, as Exhibits 1 and 2 respectively in these proceedings, the Affidavit of Service of Anita Jones sworn on June 18, 2025 and Natalie D’Ambrosio sworn June 30, 2025 and is satisfied that these Affidavits evidence proper service and notice of the application by the Claimant pursuant to ss. 26(1) of the Act and the reply by the City such that no further notice is required in these proceedings.

SETTLEMENT OPPORTUNITIES

3The Parties indicated a willingness to consider opportunities for settlement discussions, including participation in Tribunal-facilitated simplified mediation. The Parties advised the Tribunal of their respective availability for the scheduling of this mediation session and the Tribunal fixed a date as noted below in the Order. The Parties were directed to contact the Tribunal’s Expropriation Mediation Co-ordinator with respect to instructions on participating in Tribunal-facilitated simplified mediation, including service and filing of their respective mediation briefs, appraisals, and other relevant documents in advance of this mediation session.

PROCEDURAL ORDER AND HEARING DATES

4The Parties submitted that 3 hearing days will be required for a hearing to determine the compensation payable to the Claimant pursuant to the Act in the event that the mediation session referred to above does not result in a settlement of some or all of the compensation issues. The Parties anticipate that expert evidence pertaining to land appraisal, land use planning and possibly landscaping will be required. The Tribunal is satisfied that 3 hearing days will suffice in this regard.

5A hearing is scheduled to take place commencing Wednesday April 15, 2026 at 10 a.m. by video for 3 days.

6The Parties and/or Participants and/or Observers are asked to log in to the hearing by video at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access Code: 656-004-293

7Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html.

8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: 647-497-9373 or Toll Free 1-888-299-1889. The access code is: 656-004-293

9Individuals 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.

10A draft Procedural Order including Issues List was submitted to the Tribunal for its consideration prior to the commencement of the CMC. The Parties were directed to co-operate on revising the draft Procedural Order to reflect the hearing dates provided at the CMC and to submit the revised draft Procedural Order to the Tribunal. Upon the Parties so doing, the Tribunal reviewed same and the Procedural Order attached as Schedule “A” to this Order is approved.

ORDER

11The Tribunal orders as follows:

(a) A Tribunal-facilitated mediation session is scheduled to take place on Thursday November 27, 2025 at 9:30 a.m. by video for one day. The Parties shall contact the Tribunal’s Expropriation Mediation Co-ordinator in connection with this mediation session, including filing of any mediation briefs and expert reports (eg. Appraisal reports) in advance of this mediation session. Video proceedings information for this mediation session will be provided to the Parties by the Tribunal’s Expropriation Mediation Co-ordinator.

(b) A hearing is scheduled to take place commencing Wednesday April 15, 2026 at 10 a.m. by video for 3 days.

(c) The Procedural Order attached as Schedule “A” to this Order is approved.

(d) The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeal.

(e) The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.

(f) No further notice of these proceedings is required or will be given.

“D. Arnold”

D.ARNOLD

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” – PROCEDURAL ORDER FOR OLT-25-000468

PROCEDURAL ORDER

ISSUE DATE: CASE NO.: OLT-25-000468

PROCEEDING COMMENCED UNDER subsection 26(10 of the Expropriations Act, R.S.O. 1990, c. E.26, as amended

Claimant: K & S Land Holding Co. Ltd.

Respondent: The Corporation of the City of Windsor

Subject: Determination of Compensation

Property Address/Description: 490 Division Road

Municipality: Windsor

OLT Case No.: OLT-25-000468

OLT Case Name: K & S Land Holding Co. Ltd. v. The Corporation of the City of Windsor

1. 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.

Organization of the Hearing

2. The video hearing will begin on April 15, 2026 at 10:00 a.m.

3. 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. 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.

6. 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.

7. 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 the phone number as soon as possible.

8. 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.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 19, 2026 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before March 6, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 31, 2026.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before February 27, 2026 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before February 27, 2026 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal. Note: There are no Participants in these proceedings.

15. On or before March 11, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before February 27, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 3, 2026.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 8, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically unless otherwise directed. 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.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

Party Information

Party

Party Status

Counsel / Representative

K & S Land Holding Co. Ltd.

Claimant

LEDROIT SABO 46 Ridout Street South London ON N6C 3W6 Ondrej Sabo Tel: 519-432-9051 ext. 201 osabo@ledroitsabo.com Paul Ledroit Tel: 519-432-9051 ext. 200 pledroit@ledroitsabo.com

The Corporation of the City of Windsor

Respondent

THE CORPORATION OF THE CITY OF WINDSOR 400 City Hall Square East Windsor, ON N9A 7K6 Aaron Farough (LSO No. 69817E) Tel: 519.266.6100 ex. 6850 afarough@citywindsor.ca

ATTACHMENT 2

Issues List

1. Compensation payable as to the Market Value of the expropriated lands
2. Compensation payable, if any, arising from City’s construction
3. Compensation payable, if any, arising from removal of lawn, shrubs, and trees.

ATTACHMENT 3

Order of Evidence

1. Preliminary Matters (if any)
2. Opening Statements
3. Claimant’s Evidence
4. Respondent’s Evidence
5. Claimant’s Reply Evidence
6. Closing Statements

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.