The Toronto and Region Conservation Authority and the City of Toronto appealed an Ontario Municipal Board decision awarding the respondents $1,859,999 for injurious affection to their remaining lands following an expropriation.
The appellants argued that a previously granted parkland dedication credit settled the claim, should be set off against the damages, or that the Board erred in calculating the lost development units.
The Divisional Court dismissed the appeal, finding the Board's decision reasonable.
The court held that the parkland credit related to the expropriated land, while the injurious affection claim related to the loss of opportunity to build townhouses on the remaining land, meaning there was no double recovery.
