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Summary

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Expropriation - Appeal - Ontario Municipal Board - Legislation - Interpretation - Portion of Applicant’s land being expropriated - Minister constructing access road and watermain on expropriated land - Betterment to remaining land - Appropriate determination of compensation for expropriated lands - Expropriation Act, R.S.O. 1990, c. E.26, ss. 14, 23.

The Respondent expropriated part of the Applicant’s land, in particular some prime commercial frontage land. A service road and watermain were built on the expropriated property. The service road also provides access to the remaining parcel that would otherwise have been landlocked. The Applicant applied for a determination of the compensation payable pursuant to the Expropriation Act. The Ontario Municipal Board, using a “before and after” approach to determine the value of the expropriated lands, awarded the Applicant $1,110,348 in compensation.

Lower Court Rulings