2 total
Tribunal determines expropriation compensation at $7.78 million, rejecting claimant's scheme-influenced high-density development proposal.
The City of Ottawa expropriated the claimants' property for the Stage 2 Light Rail Transit project.
The parties disputed the highest and best use and market value of the property.
The claimants argued for a high-density two-tower development valued at $13.2 million, while the City argued for a lower-density development valued at $5.48 million.
The Tribunal found that the claimants' proposal was not legally permissible or financially feasible and failed to screen out the influence of the LRT scheme as required by the Expropriations Act.
The Tribunal determined the highest and best use was a single 17-storey tower and set the market value at $8,053,290, less a $269,000 deduction for environmental remediation costs, resulting in a total compensation award of $7,784,290.
The successful defendant was awarded over $2.7 million in substantial indemnity costs due to the plaintiffs' reprehensible litigation conduct.
This decision addresses the costs arising from a decade-long, four-action litigation where Romandale Farms Limited was the successful party.
Romandale sought substantial indemnity costs against Fram and Kerbel (and their associated entities).
The court found that Fram and Kerbel's conduct throughout the litigation was "reprehensible and deserving of sanction" including pursuing meritless claims for tactical reasons, making disingenuous arguments, and principals giving false evidence.
The court awarded Romandale substantial indemnity costs of $2,708,651.57, inclusive of fees and disbursements, payable jointly and severally by Fram and Kerbel, finding the amount fair and reasonable given the complexity, stakes, and the losing parties' conduct.
