The appellant school board expropriated a portion of the respondents' land for a school site.
The respondents sought compensation for the market value of the land and for lost developer's profit as disturbance damages.
The Ontario Municipal Board awarded market value but denied the claim for lost developer's profit.
The Divisional Court reversed, awarding the lost profit as disturbance damages.
The Court of Appeal allowed the school board's appeal, holding that lost prospective developer's profit is not compensable as disturbance damages under the Expropriations Act, and restored the OMB's award.
