The City of Windsor appealed a Local Planning Appeal Tribunal (LPAT) decision awarding the respondents approximately $2.8 million in compensation for expropriated lands and injurious affection.
The City argued the LPAT breached natural justice by copying the respondents' submissions and erred in its treatment of Provincial Policy Statements (PPS) regarding environmentally sensitive lands.
The Divisional Court dismissed the appeal, finding that the extent of copying did not rebut the presumption of independent decision-making.
The Court also found no palpable and overriding errors in the LPAT's factual findings regarding the impact of the PPS on the lands' development potential, the valuation of the properties, or the award of interest.
