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Cooper expropriation going to Board of Negotiations

Tori Sutton, Stratford Gazette

The Ontario Municipal Board has agreed to stay proceedings related to Cooper site expropriation.

The move will put the brakes on OMB proceedings to allow for the City of Stratford and 1353837 Ontario Inc. – Lawrence Ryan’s numbered company – to enter into the Board of Negotiations (BON) process.

The OMB decision, which was issued Nov. 6, favoured the city’s motion requesting the process.

The BON assists in the settlement of compensation in land expropriations where parties are in disagreement with the amount offered to the land owner.

According to the ruling by chair Lynda Tanaka, the claimant was surprised the city wished to go through the step and suggested since the board of negotiations was not mentioned in the minutes of settlement it meant both parties agreed to dispense with it.

“The claimant also regards the BON process as a delay by the city and alleges prejudice from that delay,” Tanaka wrote.

She found no evidence that anyone “directly put their minds to the BON process as an integral part of the negotiations process.”

Tanaka noted the city does not wish to cause a delay and believes the mediation process may resolve some or all issues surrounding the expropriation.

She ordered the city to contact the BON administration by Oct. 19 to set a date for fall 2012 or January 2013.

Costs associated with the motion will be determined by the panel charged with making the final determination of compensation.

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