The Toronto and Region Conservation Authority and the City of Toronto appealed an Ontario Municipal Board decision awarding compensation to the respondents for the expropriation of their waterfront properties.
The Divisional Court upheld the Board's assessment of market value, injurious affection, and loss of riparian rights, finding the Board's conclusions reasonable and supported by expert evidence.
However, the Court allowed the appeals regarding disturbance damages, setting aside a $4,000,000 award for delay and a $1,850,000 award for loss of a parkland dedication credit.
The Court found that the respondents, who were not active developers, did not suffer a compensable business disturbance from the delay, and that the parkland credit award constituted double recovery and was speculative.
