The Claimants brought a motion for a declaration that an offer of compensation made by the Ministry of Transportation under section 25(1)(a) of the Expropriations Act in 2011 became a binding contract when accepted by the Claimants in 2021, despite the Ministry's attempt to withdraw and substitute the offer in 2013.
The Tribunal found that the Expropriations Act does not permit an expropriating authority to withdraw or rescind a section 25(1)(a) offer.
Furthermore, the Ministry's substituted offer was invalid as it was not accompanied by an appraisal report as required by section 25(2).
The Tribunal ordered that the original offer remained in effect, was validly accepted, and directed the Ministry to pay the net offer amount plus interest and costs.