COURT COSTS FOR SAVE OJIBWAY
Donation protected
Funds will be a 50 50 split between Nancy and Anna .
If we reach the goal
4500 to Nancy
6500 to Anna
All money raised will go to Nancy's And Anne meloche court costs or save ojibway initiatives.
Coco Paving sued my family in July 2015 for $175 000, then again in the Fall 2016 for $700 000. All the court documents were file in Nov 2016. Our family waited for a decision for 8 months. The folllowing provides more detail:
The contractor was recently awarded $4 500 of their $700 000 request for costs for trying to protect Ojibway (It cost the company $40 000 to sue). Windsor is losing its globally endangered ecosystem under current traffic volumes. Recently, a female Blanding’s (endangered) was killed in front of the future development, 2 m from Coco Paving’s newly constructed fence to protect the species.
Costs were granted because Pancheshan raised the issue of a need for the big box. LaSalle had previously contested the issue in 2009 and failed due to the issue for market impacts for its own retail commercial developments. Pancheshan introduced the issue due in 2015, when the OMB case came out of a 6 year ndefinite delay (caused by the contractor) as: 1) City’s own Official Plan not considered, 2) Significant commercial market conditions/changes had occurred in the City during the delay (a major recession hits Windsor 2009), 3) The City released a review of its own Official Plan (Sept 2009), stating “there is not sufficient demand to accommodate all of the commercial space currently approved or proposed in the City until 2031”. “premature approval … will result in sales decline and closures in existing areas”, 4) On June 27, 2013, the contractor’s own marketing expert is quoted as saying “the home-renovation retail market is “clearly overbuilt, forcing companies to close stores that aren’t meeting sales targets.” http://www.lfpress.com/2013/06/27/rona-closing-eight-ontario-stores-including-one-in-london, and 5) The commercial vacancy rate in Windsor in 2014 was 19 per cent. The vacancy rates in most of our nine neighbourhood commercial areas are as high as 30 per cent, even 50 per cent in areas like Sandwich and Ford City, and 6) every BIA was against Coco Paving’s development (except the Erie St. BIA).
The contractor caused a six year delay by neglecting to report 100 endangered and threatened species, failed to act in a timely manner in 2009, wasting thousands of dollars in 2009 trial expense, provided erroneous evidence in their 2009 witness statements on the matter, denied OMB orders for parties 2010 spring site visit- stated they were working with MNRF (the work was denying the land was habitat), and provided false evidence to MNRF during the EAS Permit process (stating Pancheshan would drop her case if Permit was granted). The contractor received no penalty for these actions.
The City knows the impact yet continues to delay action of our endangered being harmed and harassed. According to the Endangered Species Act, this is against the law.
The effort made the park 10 acres larger but did nothing to address the traffic impacts on Ojibway and species, the exact reason the appeal was made. Matchette needs to close and it causes great sadness to see people continue to drive through the heart of Ojibway. There is a billion dollar, more efficient infrastructure, 80 m away, that the city advocated for. Few are using it. Its hard to look at my flag these days.
If we reach the goal
4500 to Nancy
6500 to Anna
All money raised will go to Nancy's And Anne meloche court costs or save ojibway initiatives.
Coco Paving sued my family in July 2015 for $175 000, then again in the Fall 2016 for $700 000. All the court documents were file in Nov 2016. Our family waited for a decision for 8 months. The folllowing provides more detail:
The contractor was recently awarded $4 500 of their $700 000 request for costs for trying to protect Ojibway (It cost the company $40 000 to sue). Windsor is losing its globally endangered ecosystem under current traffic volumes. Recently, a female Blanding’s (endangered) was killed in front of the future development, 2 m from Coco Paving’s newly constructed fence to protect the species.
Costs were granted because Pancheshan raised the issue of a need for the big box. LaSalle had previously contested the issue in 2009 and failed due to the issue for market impacts for its own retail commercial developments. Pancheshan introduced the issue due in 2015, when the OMB case came out of a 6 year ndefinite delay (caused by the contractor) as: 1) City’s own Official Plan not considered, 2) Significant commercial market conditions/changes had occurred in the City during the delay (a major recession hits Windsor 2009), 3) The City released a review of its own Official Plan (Sept 2009), stating “there is not sufficient demand to accommodate all of the commercial space currently approved or proposed in the City until 2031”. “premature approval … will result in sales decline and closures in existing areas”, 4) On June 27, 2013, the contractor’s own marketing expert is quoted as saying “the home-renovation retail market is “clearly overbuilt, forcing companies to close stores that aren’t meeting sales targets.” http://www.lfpress.com/2013/06/27/rona-closing-eight-ontario-stores-including-one-in-london, and 5) The commercial vacancy rate in Windsor in 2014 was 19 per cent. The vacancy rates in most of our nine neighbourhood commercial areas are as high as 30 per cent, even 50 per cent in areas like Sandwich and Ford City, and 6) every BIA was against Coco Paving’s development (except the Erie St. BIA).
The contractor caused a six year delay by neglecting to report 100 endangered and threatened species, failed to act in a timely manner in 2009, wasting thousands of dollars in 2009 trial expense, provided erroneous evidence in their 2009 witness statements on the matter, denied OMB orders for parties 2010 spring site visit- stated they were working with MNRF (the work was denying the land was habitat), and provided false evidence to MNRF during the EAS Permit process (stating Pancheshan would drop her case if Permit was granted). The contractor received no penalty for these actions.
The City knows the impact yet continues to delay action of our endangered being harmed and harassed. According to the Endangered Species Act, this is against the law.
The effort made the park 10 acres larger but did nothing to address the traffic impacts on Ojibway and species, the exact reason the appeal was made. Matchette needs to close and it causes great sadness to see people continue to drive through the heart of Ojibway. There is a billion dollar, more efficient infrastructure, 80 m away, that the city advocated for. Few are using it. Its hard to look at my flag these days.
Organizer and beneficiary
Lisa Valente
Organizer
Windsor, ON
Nancy Pancheshan
Beneficiary
