Tribunal determines market value of expropriated property after denying counsel's mid-hearing motion to withdraw.
The City of Windsor expropriated a 3.04-acre property from the claimants.
At the compensation hearing, the claimants' counsel sought a last-minute adjournment and later moved to be removed from the record due to a breakdown in the solicitor-client relationship; both motions were denied to prevent prejudice.
On the merits, the Tribunal rejected the claimants' appraiser's highest and best use analysis, finding it failed to consider physical and financial feasibility.
The Tribunal preferred the respondent's appraiser's conclusion that the highest and best use was continued residential use, but adjusted the valuation by excluding a comparable sale made under power of sale.
The Tribunal awarded $394,272 in compensation for the market value of the expropriated property.
OLTOntario Land TribunalAug 8, 2023
