The appellant land developers appealed a decision of the Ontario Municipal Board refusing to award disturbance damages for lost developer's profit following the expropriation of a parcel of land by the respondent school board.
The Divisional Court allowed the appeal, applying the Supreme Court of Canada's decision in Dell Holdings to find that disturbance damages are not limited to the expropriated lands and can include the natural and reasonable consequences of the expropriation, such as lost profit on a subdivision development that was virtually complete.
The court awarded the agreed quantum of $437,000 in disturbance damages and dismissed the respondent's cross-appeal.
