Tribunal awards claimant expropriation costs following settlement, rejecting City's attempt to claim its own costs.
The parties settled an expropriation compensation claim for $50,000 plus reasonable costs to be agreed upon or assessed.
The claimant subsequently brought a motion for costs of $401,387.18.
The City opposed the quantum and sought its own costs, arguing the claimant acted unreasonably by pursuing a speculative damages claim and delaying settlement.
The Tribunal held that the settlement agreement did not permit the City to claim its own costs and that it could not evaluate the merits of the unlitigated compensation claim on a costs motion.
The Tribunal found the claimant's conduct was not unreasonable and awarded the claimant its costs, subject to specific reductions for a technology fee, excessive consultant hours, and duplicative legal time.
OLTOntario Land TribunalOct 24, 2025
