Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 13, 2025
CASE NO(S).: OLT-21-001205
PROCEEDING COMMENCED UNDER subsection 26(1) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended and subsection 58 of the Ontario Water Resources Act, R.S.O. 1990 c. O.40
Claimant: Mark & Samira Gancevich
Respondent: Township of Huron-Kinloss
Description: Determination of compensation
Reference Number: N/A
Property Address: 98 Bruce Beach Road
Municipality: Huron-Kinloss
OLT Case No.: OLT-21-001205
OLT Lead Case No.: OLT-21-001205
OLT Case Name: Gancevich v. Huron-Kinloss (Township)
Heard: May 8, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Mark and Samira Gancevich
J. Doherty J. Minnes J. Polowin (in absentia)
Corporation of the Township of Huron-Kinloss
G. Stewart
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MAY 8, 2025 AND ORDER OF THE TRIBUNAL
1Mark and Samira Gancevich (“Claimants”) own 98 Bruce Beach Road (“Subject Property”) in the Township of Huron-Kinloss. They seek compensation for injurious affection arising from failure to properly construct, maintain and operate the Township Drainage System. The claims involve provisions of both the Ontario Water Resources Act, R.S.O. 1990, c.O.40 and the Expropriations Act, R.S.O. 1990, c.E.26.
2The matter was previously scheduled for a five (5) day hearing, but was adjourned a number of times at the request of the Parties. This Case Management Conference (“CMC”) was convened to review and approve a revised procedural order and set new hearing dates.
3Although a relatively detailed draft Procedural Order (“PO”) was provided in advance of the CMC, minor revisions thereto were required. Counsel for the Claimant, Mr. Minnes, undertook to revise, circulate for consent and resubmit to the Tribunal for its review and approval of a finalized PO no later than Thursday, May 29, 2025.
4The Parties advised that although they are seeking new dates for a hearing, they are currently engaged in ongoing discussions aimed at resolution and may be interested in participating in mediation during the summer of 2025.
5At the request of the Parties, the Tribunal scheduled a five (5) day Video Hearing commencing on Monday, May 4, 2026 at 10 a.m.
6Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
7Parties 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.
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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.
ORDER
10There will be no further notice and this Member is not seized.
11The case management directives above are so ordered.
“S. Braun”
S. Braun
VICE-CHAIR
Ontario Land Tribunal
Website: 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.