3 total
Tribunal issues consent Procedural Order scheduling a 15-day expropriation compensation hearing.
The Ontario Land Tribunal held a Case Management Conference regarding claims for compensation under the Expropriations Act.
The parties consented to a 15-day hearing commencing in January 2027 and submitted a draft Procedural Order.
The Tribunal issued the Procedural Order to govern the conduct of the proceeding.
Tribunal awards $391,950 for partial expropriation, finding highest and best use remains existing commercial use.
The claimant sought compensation for the partial expropriation of its property by the Town of Tecumseh for road and service upgrades.
The Tribunal determined that the highest and best use of the property, both before and after expropriation, was the continuation of its existing commercial use, rejecting the claimant's proposed mixed-use redevelopment scenario due to a lack of evidence on financial feasibility.
The Tribunal awarded $332,515 for the fee simple taking based on a value of $73 per square foot, $44,435 for the expropriated easement, and $15,000 for injurious affection related to snow removal costs on the remaining lands.
Claims for disturbance damages were dismissed as premature.
Tribunal amends Procedural Order on consent and provides update on mediation scheduling in expropriation appeals.
The parties attended a Telephone Conference Call regarding five appeals relating to an expropriation by the Ministry of Transportation in London.
The parties requested an update on proposed mediation dates and sought minor amendments to the Procedural Order on consent.
The Tribunal ordered the revised Procedural Order to be in full force and effect and confirmed that the Case Coordinator would communicate with the Mediation Team regarding the February mediation dates.
