Mr. Robson

The appellants appealed a decision of the Local Planning Appeal Tribunal regarding compensation for properties expropriated by the City of Toronto.

The appellants challenged the Tribunal's valuation of the properties, the start and end dates for interest, and the denial of disturbance damages for lost business opportunities and replacement property costs.

The City cross-appealed the award of 12% interest for delay and disturbance damages for lost commissions.

The Divisional Court dismissed both the appeal and cross-appeal, finding no palpable and overriding errors in the Tribunal's factual findings or legal interpretations, except for a minor variation to the calculation of loan costs agreed upon by the parties.

The Crown appealed decisions of the Ontario Municipal Board awarding compensation for injurious affection to two groups of landowners following the expropriation of land for Highway 407.

The Crown argued the lands' value was already limited by the Parkway Belt West Plan and had no urban development potential.

The Divisional Court dismissed the appeals, upholding the Board's findings that, but for the physical construction of the highway, the lands would likely have been released from the Plan and developed.

The loss of this opportunity was directly caused by the highway's construction, constituting compensable injurious affection.