Expropriation for municipal purposes found reasonably necessary; costs awarded to owners due to vague notice.
The City of Barrie sought to expropriate a 105-acre property for municipal purposes, including a community centre, library, and parkland.
The owners requested a Hearing of Necessity, arguing the City lacked a specific, defined plan for the property.
The Tribunal found that the City was not required to have a specific defined plan, but only a clear objective or purpose, which it had established.
The Tribunal concluded the proposed expropriation was fair, sound, and reasonably necessary.
However, due to the City's initial failure to provide sufficient particulars in its Notice of Application, the Tribunal recommended the City pay the owners' costs on a substantial indemnity basis.
OLTOntario Land TribunalFeb 12, 2025
