Proposed expropriation of lands to resolve encroachment and facilitate development found fair, sound, and reasonably necessary.
The City of Windsor sought to expropriate lands owned by the property owners to consolidate them with an adjacent parcel acquired by the City due to tax arrears, in order to resolve an encroachment issue and facilitate future development.
The property owners requested a Hearing of Necessity under the Expropriations Act.
The Ontario Land Tribunal found that the proposed expropriation was fair, sound, and reasonably necessary to achieve the City's objectives, noting that the owners offered no evidence to contradict the City's stated intentions and that the case law relied upon by the owners was distinguishable.
