Adel A. Abougoush

The appellant owned land that the respondent City intended to acquire for a public park.

The City adopted statutory plans indicating this intention but did not rezone the land exclusively for park use under its land use by-law, which would have triggered a statutory obligation to acquire the land within six months under s. 70 of The Planning Act.

The appellant sought an order of mandamus to compel the City to expropriate the land, arguing that the statutory plans effectively designated the land for park use.

The Supreme Court of Canada dismissed the appeal, holding that a designation under a statutory plan is distinct from a designation under a land use by-law, and the City's actions did not constitute bad faith but were a legitimate exercise of planning powers.

The appellants were joint tenants of land that the respondent city purported to expropriate by by-law.

One appellant, a non-resident, was not served with notice of the council meeting within the time limits prescribed by the Expropriation Procedure Act.

The Supreme Court of Canada held that where a municipality exercises a statutory power to expropriate land, the statutory conditions for the exercise of that power must be strictly complied with.

The failure to properly serve the non-resident owner rendered the expropriation by-law void, not merely voidable, and beyond the reach of curative statutory provisions.