Brandon Fragomeni

Following a successful claim for injurious affection where no land was taken, the claimant sought costs under section 32(1) of the Expropriations Act.

The respondent conceded liability for costs but disputed the reasonableness of several specific items, including costs for a change of counsel, prior counsel assessment, and various motions.

The Tribunal applied the principle that expropriation costs are awarded on a full indemnity basis subject to reasonableness.

The Tribunal disallowed costs related to the change of counsel and assessment, reduced costs for bill preparation and cost recovery, but allowed the majority of the disputed motion and consulting costs.

The respondent was ordered to pay $355,603.68 in costs plus $7,500 for the costs motion.

The Claimant sought compensation for injurious affection under the Expropriations Act after the Ministry of Transportation closed one of two driveway accesses to its mixed-use property during highway improvement works.

The Respondent argued the closed access and the commercial use of the property were illegal, precluding compensation.

The Tribunal found that the access and commercial use were legal, having been implicitly approved and in existence for decades.

Applying the test from Antrim, the Tribunal determined the closure caused a substantial and unreasonable interference with the Claimant's use of the property.

The Tribunal preferred the Claimant's 'Cost to Cure' appraisal approach and awarded $149,160 to construct an internal loop driveway, plus $27,500 for disturbance damages related to the land required for the new driveway.

The Claimant sought compensation for injurious affection after the Ministry of Transportation closed one of two accesses to its mixed-use property during highway improvements.

The Ministry argued the closed access and the commercial use of the property were illegal, precluding compensation.

The Tribunal found that the access and commercial use were legal and grandfathered.

Applying the test for injurious affection where no land is taken, the Tribunal awarded the Claimant $149,160 based on a 'cost to cure' approach to construct an internal loop driveway, plus $27,500 for disturbance damages.

The claimant sought compensation for injurious affection after the Ministry of Transportation removed an access point to its property during highway improvements.

Prior to the scheduled hearing, the hearing was adjourned due to a medical emergency involving the respondent's key witness.

The parties subsequently brought three procedural motions.

The Tribunal declined to strike the respondent's late-filed witness statement but limited the witness's testimony to factual matters.

The Tribunal granted the respondent leave to withdraw deemed admissions, finding a triable issue, a reasonable explanation for the delay, and no prejudice to the claimant.

Finally, the Tribunal awarded the claimant $5,500 in costs thrown away to indemnify it for wasted preparation time resulting from the adjournment.

The Claimant brought a claim for compensation under the Expropriations Act arising from the closure of an access point during highway construction.

Following an urgent adjournment requested by the Respondent due to a witness's hospitalization, the Tribunal held a case management conference to schedule new dates.

The Tribunal scheduled a motion date to hear the Claimant's motion to strike, the Claimant's motion for costs thrown away, and the Respondent's motion to withdraw deemed admissions.

A new five-day hearing on the merits was also scheduled.