The Regional Municipality of York appealed an Ontario Land Tribunal decision awarding approximately $2.4 million in compensation to a landowner for the expropriation of a vacant lot.
The appellant argued the Tribunal erred by failing to screen out the expropriation scheme's effect on the property's value under s. 14(4)(b) of the Expropriations Act, and by improperly assessing the risk of land dedications.
The Divisional Court dismissed the appeal, finding no legal error in the Tribunal's application of the Pointe Gourde principle and concluding that the Tribunal's factual findings regarding land dedications were entitled to deference.
