The Minister of Transportation appealed a Divisional Court decision upholding an Ontario Municipal Board compensation award for expropriated land.
The dispute centered on the 'before and after' valuation method, specifically whether development and delay costs were double-counted when calculating the 'after' value of the remaining parcel.
The Court of Appeal found that deducting the full development costs while also factoring in the betterment of the remaining lands amounted to double-counting.
The appeal was allowed, and the compensation payable to the respondent was reduced from $1,110,344 to $623,121.
