The Claimant sought compensation for the expropriation of a portion of its vacant property by the Regional Municipality of York for a bus rapid transit system.
The central issue was determining the highest and best use of the property before expropriation.
The Claimant argued for a 12-storey mixed-use development, while the Region argued for a low-rise commercial development, asserting that the Claimant's concept was not legally permissible due to required land dedications and policies influenced by the expropriation scheme.
The Tribunal rejected the Region's arguments, finding that the Claimant's pre-expropriation concept was legally permissible, physically possible, financially feasible, and maximally profitable.
The Tribunal awarded $857,493 for the fee simple taking, $1,502,067 for injurious affection to the remainder of the property, and $12,348 for a temporary easement.
