| Case name: |
Torvalley Development Ltd. v. Metropolitan Toronto and Region Conservation Authority |
|
|
|
| Jurisdiction: |
Canada - Ontario |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Torvalley Development Ltd. |
|
Claimant |
| |
Metropolitan Toronto and Region Conservation Authority |
|
Respondent |
|
| Before: |
Decision maker |
Designation |
|
Baines, T.F. |
Member |
| |
Santo, D.L. |
Member |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Gosnell, Sean L. |
|
Claimant |
| |
Waque, Stephen F. |
|
Claimant |
| |
MacDougall, Roderick R. |
|
Respondent |
| |
Wigley, Jonathan H. |
|
Respondent |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Berridge |
Planner |
Claimant |
| |
Bousfield, John |
Planner |
Claimant |
| |
Cosburn |
Engineer |
Claimant |
| |
Emery, John |
Engineer |
Claimant |
| |
Kellough, William Roy |
Appraiser |
Claimant |
| |
Lyon |
Marketing Consultant |
Claimant |
| |
McQuay |
Soil Scientist |
Claimant |
| |
Middlebro' |
Planner |
Claimant |
| |
Popper |
Architect |
Claimant |
| |
Robson, Robert M. |
Appraiser |
Claimant |
| |
Smith, David A. |
Accountant |
Claimant |
| |
Theil, P. |
Engineer |
Claimant |
| |
Gray, Brian |
Engineer |
Respondent |
| |
Lorant, F.I. |
Engineer |
Respondent |
| |
Strung, Joseph |
Appraiser |
Respondent |
| |
Walker, Peter |
Planner |
Respondent |
|
|
|
|
|
|
|
| Decision: |
Application by the Claimant to the Ontario Municipal Board for determination of compensation pursuant to the Expropriations Act, R.S.O. 1980, c. 148. The subject property was a 42.69 ac. parcel located in the City of Toronto. Claims were advanced for market value of the land taken, reduction in market value of three small adjacent parcels and disturbance damages. Immediately before expropriation, the subject property was the subject of an active development application. A significant issue that arose was the extent to which the value of the subject property was affected by the project for which the expropriation was carried out. The Board dismissed the claims for disturbance damages and reduction in value to adjacent parcels. However, it awarded $16,150,000 for market value of the land taken plus interest and costs. The Board also determined the value of a security interest in the property resulting from a bank loan secured by a mortgage on the subject property. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1988] EXLAW 7 |
|
| Parallel citations: |
1988 CarswellOnt 3518 |
| |
(1988) 40 L.C.R. 81 |
|
|
|
