Tribunal awards $16,500 for expropriated land but dismisses injurious affection claims regarding truck access and septic system.
The claimant sought compensation under the Expropriations Act for the market value of expropriated lands and damages for injurious affection relating to a septic system and the alleged loss of an unregistered easement for truck access.
The Ontario Land Tribunal determined the market value of the taking was $16,500.
The Tribunal dismissed the claims for injurious affection, finding no valid easement existed, truck access was not materially impaired, and the septic system issues were fully mitigated by the respondent's repairs and offer to reconvey the affected land.
The Tribunal also held that the respondent's offer to reconvey land did not constitute a Notice of Abandonment under section 41 of the Act.
OLTOntario Land TribunalAug 2, 2024
