Expropriation of entire property approved as reasonably necessary for road widening project.
The City of Barrie sought to expropriate the entirety of the owner's property for a road widening and infrastructure project.
The owner requested a hearing of necessity, arguing that only a partial taking was required and that a retaining wall could save the existing dwelling.
The Tribunal found that the proposed taking of the entire property was reasonably defensible in the achievement of the City's objectives, as the retaining wall proposal lacked detail and did not resolve issues of constructability, drainage, and future livability of the dwelling.
OLTOntario Land TribunalNov 30, 2022
