Joel Farber

The appellant appealed an Ontario Municipal Board decision awarding the respondents compensation under the Expropriations Act.

The appellant challenged the award of disturbance damages for pre-expropriation business losses and the Board's refusal to reduce the property's market value due to environmental contaminants.

The respondents cross-appealed the Board's refusal to award interest on the disturbance damages.

The Divisional Court dismissed both the appeal and cross-appeal, finding that the Board correctly applied the law regarding disturbance damages and reasonably concluded that the environmental contaminants did not reduce the property's market value.

The Court also upheld the refusal to award interest on disturbance damages, as it is not provided for in the Act.

The appeal was allowed only to correct an arithmetical error in the business loss calculation.

The applicant sought judicial review of the respondent City's decision to award a water meter supply and installation contract to a competing bidder.

The applicant argued the City breached procedural fairness by using undisclosed evaluation criteria, specifically a technical ratio and a 5-year evaluation period.

The Divisional Court dismissed the application, finding the Request for Proposals granted the City broad discretion and explicitly stated selection would be based on merit and price ratio.

The court also excluded the applicant's proffered expert evidence on procurement fairness, finding it unnecessary to assist the court.