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#1 2012-08-16 19:37:46

mr.nelson
Member
Registered: 2008-02-06
Posts: 416

The City of Stratford is facing a $25-million statement of claim

CTV Kitchener
Published Thursday, Aug. 16, 2012 1:40PM EDT
Last Updated Thursday, Aug. 16, 2012 6:32PM EDT


A $25-million claim has been filed against the City of Stratford in connection with the 2009 expropriation of part of an area known as the Cooper site in the city’s downtown.

The area was expropriated by the city to make way for the future construction of the University of Waterloo’s Stratford Campus.

The man who owned the land, Lawrence Ryan, was paid $4.5 million in 2009 for almost five acres of land to house the university building.

An email from the law firm Gowling Lafleur Henderson explains “The City is not utilizing the vast majority of Mr. Ryan’s lands for the University Campus and admits they have no present day plans for the land.”

The firm has applied to the Ontario Municipal Board (OMB) under the Expropriations Act seeking “fair value of the land taken from Mr. Ryan and the related business damages suffered.“

Under the Act, former land owners are allowed to seek further compensation through the OMB.

The claim seeks compensation for the loss of potential income dating back to the mid-1990s, property appreciation, the transfer of a historical asset to Stratford, plus 12 per cent interest on the property value dating back to that time.

Ryan’s claim lists numerous potential uses for the land, including a resort and spa, which could be perceived as a loss in income.

Cindy McNair, deputy CAO of Stratford, says the city is reviewing the claim and preparing its defence.

“We have received the document. The city is reviewing it in detail and we will be submitting our response through the city solicitor.”

The area involved is a portion of an 18 acre site, which currently hosts the Downie Street parking lot, Ryan’s Railway Centre, the Stratford-Perth YMCA and a parking lot along St. Patrick Street.

The city is expected to have its defence ready in a few weeks. A date for the OMB hearing has not yet been set.


Read more: http://kitchener.ctvnews.ca/stratford-f … z23ktRjf41


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#2 2012-08-17 11:42:13

scooter
Administrator
Registered: 2007-12-19
Posts: 247

Re: The City of Stratford is facing a $25-million statement of claim

Oh my goodness. smile

Hey, maybe I can sell my house to the city, then claim I was going to run a $200 million per year operation so they owe me for money I was surely going to make if I hadn't sold the house to them. (um, plus 12% interest since I'm sure that would have been my rate of return over the past 12 years). 

Maybe someone can sell some movie rights to this saga!

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#3 2012-08-17 20:26:55

mr.nelson
Member
Registered: 2008-02-06
Posts: 416

Re: The City of Stratford is facing a $25-million statement of claim

Please find attached the Notice of Arbitration and Statement of Claim.

You need to open the link,
     then click on the Download link to view all 103 pages...

https://acrobat.com/?d=fAlrGb9IkYdRl*1Cjd3yBQ
Ontario Municipal Board


CASE DESCRIPTION AND CASE NUMBER
1353837 Ontario Inc. vs. City of Stratford    Case # LC120027

HEARING TYPE AND LOCATION

MOTION
17 Sep 2012
10:00 AM
City Hall (Stratford), Council Chambers, 1 Wellington Street PO Box 818 Stratford ON N5A 6W1


Individuals should appear at the start time of the proceedings.

OMB Contact: Julie Nolan, Case Coordinator, Planner, (416) 326-6793
Ontario Municipal Board
Environment and Land Tribunals Ontario
655 Bay Street, Suite 1500
Toronto ON, M5G 1E5
tel.: (416) 326-6793
fax: (416) 326-5370
toll free: 1(866) 887-8820
e-mail: julie.nolan@ontario.ca
website: www.omb.gov.on.ca

Last edited by mr.nelson (2012-08-18 20:47:16)


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#4 2012-08-18 12:16:39

spankie
Member
Registered: 2008-01-01
Posts: 1350

Re: The City of Stratford is facing a $25-million statement of claim

When is this [guy] going to take his circus act and go away [edited]. I can't believe the Province or the Legal system will continue to let this idiot pull his CR@P.

Can he in any way prove he was actually going to do something with the site or better yet that he even had the finances to do anything with it? And if he was going to do something with it what was the time frame as it had already sat there for over 10 years with nothing being done.

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#5 2012-08-18 18:10:16

rankinfile
Moderator
Registered: 2007-12-28
Posts: 843

Re: The City of Stratford is facing a $25-million statement of claim

Well, if you believe this one sided argument, he seems to make a reasonable argument for his case.  It could be argued that some of the actions of the City were not particularly "fair".  However to buy into the argument that no building permits were necessary to construct hotels, towers stores etc, because they were within the footprint of the old buildings and complied with a by law, seems rather difficult to stomach.

I would agree however that arguments concerning the City and the phase III Environmental report, lack of audited report on the sale of assetts by the City,  and some of the refusal to turn on Water and hydro, blocking the sewers and the refusal review the property for Fire permit occupancy issues were a bit high handed.

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#6 2012-08-18 22:46:51

johnny5
Member
Registered: 2008-04-04
Posts: 30

Re: The City of Stratford is facing a $25-million statement of claim

This is my question of reading and understanding all the information in the statements of claim:

These are the paragraph numbers of info that I found regarding permits.

   There was site plans done with the 1st sale to mclellan group, then ryan was apart of the deal, therefore,
the permits were in place as of:

paragraph #77. march 1996 the city issued building permits from the site plan that was approved.

then some where along the time line the bulding dept required permits? not sure why.

paragraph #127. filed site plan application again.

paragraph #128. says city refuses to approve or process site plan application and was appealed with OMB?

paragraph #129. OMB Hearing was in feb 2003, basis not required to have site plan approval because it was in place.

Then ryan was told by building dept he needed to apply for permits again?

paragraph #202.  ryan submitted permit drawings and application in march 2005,

paragraph #203. then a second application was mailed back in aug 2005?


If in fact all these statements are true and permits and applications were made then why?

An interesting arguement for sure but I imagine if this claim is accurate we all have been duped by someone in the city being Ron Shaw, or Dan, or Building depts, city council for more than a couple years someone knows and has not told the people of stratford the truth. Dan and or Dave and or Ron have been involved in decisions all along the whole time since day 1;
spanning more than a decade of corruption and misrepresenting their authority figure of taxpayers money and trust.

I just wonder now where the facts will take us and hopefully we can get a fair decision from the OMB hearings and not cost us like walmart has.


Johhny 5 is alive need more input!

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#7 2012-08-19 09:00:28

bulldog
Member
Registered: 2008-03-05
Posts: 665

Re: The City of Stratford is facing a $25-million statement of claim

this is the slippery slope of conspiracies that if lies are told often enough they can become the truth...  a site plan does not only have to be submitted it has to be voted and approved by council....   it would be totally unfair to the people who brought other developments forward and  worked with the city to build projects with proper plans, goals, objectives, approvals and permits.   a building permit can be cancelled and a stop worker can be issued if there is illegal and/or dangerous unsafe work going on.......  i am not aware that lawrence ryan ever had a site plan that was ever approved......    this is an attempt of half assed legal speak to tie the city and its citizens up and pay up more money..  this is what is known as paper terrorism,,,  and the individual involved is a master......

Last edited by bulldog (2012-08-19 12:38:09)

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#8 2012-08-19 10:12:49

bulldog
Member
Registered: 2008-03-05
Posts: 665

Re: The City of Stratford is facing a $25-million statement of claim

Wikipedia definition of paper terrorism


Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials.[1] These methods are popular among some anti-government groups[2] and those associated with the redemption movement.[3] Mark Pitcavage of the ADL states that these methods were pioneered by the Posse Comitatus.[4] Some victims of paper terrorism have been forced to declare bankruptcy.[5] An article by the Southern Poverty Law Center states that another tactic is filing reports with the Internal Revenue Service falsely accusing their political enemies of having unreported income.[6] Such frivolous lawsuits also clog the court system making it more difficult to process other cases and including using challenges to the titles of property owned by government officials and others.[7] Another method of paper terrorism is filing bankruptcy petitions against others in an effort to ruin their credit ratings.[8]

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#9 2012-08-19 12:49:32

rankinfile
Moderator
Registered: 2007-12-28
Posts: 843

Re: The City of Stratford is facing a $25-million statement of claim

As I understand the process, and I could be wrong, is the "permitting" process has two fundamental stages.  First the site plan---showing how the building structures relate to the ground, confirming their meeting set backs, proposed uses etc.  I'm not sure that they need to be approved by council.  If the buildings are sitting on the existing footprint of existing structures, and the uses are consistent with existing planning by laws--all well and good.  And perhaps this is what the arguments were...ie the OMB stating no more site plans are needed--hence the City backing down.

But at that stage, I'm not certain what "permits were issued".  Perhaps just that confirmation.

The next stage is the more onerous one---let's see the technical architectural plans, review the size of the footings, the spans, the size of the joists and rafters, the width of the doors, etc, etc.  No point on producing these types of plans until the site plan is approved.

There seems no suggestion that detailed structural plans were ever prepared or submitted.

I don't know who was playing silly bugger---we want site plans--you don't need site plans....where are the building plans... I said we don't need and stinking plans...the OMB said we don't need any site plans...yea OK, but we do need building construction plans...well we won't be producing them till we get enough money to do the work and we need your approval to go ahead..you ain't getting any approval from the city because we haven't approved any site plans....yea but we don't need no stinking site plans.....bla, bla bla.

This should be interesting.

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#10 2012-08-19 14:16:50

spankie
Member
Registered: 2008-01-01
Posts: 1350

Re: The City of Stratford is facing a $25-million statement of claim

Don't forget he still had stop work orders against him from the Ministry of the Environment and the Ministry of Labor which is why the City disapproved his permits and why the City would not service the site. Basically the site was deemed to be unsafe and hazardous which is still the case which is why it is safer and cheaper to tear the building down than to try and restore it. We had one organization say it was worth saving as a historical site if possible and a engineering firm saying to tear it all down.

So the real impotence behind that whole save the building movement appears to be a ploy of friends of Ryan to help him get more money.

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#11 2012-08-19 18:35:33

badboycharger
Member
Registered: 2008-03-16
Posts: 29

Re: The City of Stratford is facing a $25-million statement of claim

Spankie, read some or all 103 pages and try to understand it before you mouth off

page 3.
the city approved Lands to accommodate an adaptive reuse with a broad range of commercial and residential uses, including a hotel and conference facility, along with associated commercial uses initially described as the Stratford Resort and Spa (the "Project"),
which Project was approved by the City in 1995 and confirmed through the issuance of two building permits in March and April 1996 for the Project.
Since 1988, the Lands have been zoned for Mixed Use Development (C3-4),

page 52.
The MOL matters were ultimately resolved before the Ontario Labour Relations Board on March 15, 2010 and the Ontario Superior Court of Justice on August 24, 2010. The appeal of the Ministry of Labour orders was allowed, and
accordingly the injunction was set aside, the MOL’s allegation of contempt was
dismissed, and all charges pending at Provincial Offences Court were withdrawn.


I took these quotes from pages 3 and 52, so really if you had any idea about this you should back it up and otherwise go the the hearing and find out!

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#12 2012-08-20 15:48:53

spankie
Member
Registered: 2008-01-01
Posts: 1350

Re: The City of Stratford is facing a $25-million statement of claim

Still does not change the fact that he has been doing illegal work on the location and selling condo's that don't even have approval to be built. He is and always will be a slimeball.

Last edited by spankie (2012-08-20 15:49:03)

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#13 2012-09-26 00:26:03

mr.nelson
Member
Registered: 2008-02-06
Posts: 416

Re: The City of Stratford is facing a $25-million statement of claim

You cant just go to the OMB unless you have plans in the first place, are you stupid? Ryan won unlimited height at the OMB hearing. You dont go to the OMB unless you have plans in the making, and permits for a project. He won that and then pissed the city off, and there started some of the problems.Do your research, and tell you again taxpayers are going to pay,pay and pay.


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#14 2012-09-26 09:32:36

seekerofreason
Member
Registered: 2012-04-05
Posts: 100

Re: The City of Stratford is facing a $25-million statement of claim

I see Ryan has his friends and supporters flooding this site with rhetoric and more time wasting efforts for us tax payers to cover.  Time to move on Ryan & your band of dinguses! Leave our city alone- you know the one, thats the one you DON'T LIVE IN- We do- go away.

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#15 2012-09-29 08:35:45

bulldog
Member
Registered: 2008-03-05
Posts: 665

Re: The City of Stratford is facing a $25-million statement of claim

mr Nelson says" Ryan won unlimited height at the OMB hearing." 

is that true????  because that would set a precident and there are a few sites coming up for development that it would be benefiscial if you could literally build up to outer space.....................

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