Paul R. Henry

The respondent school board expropriated the appellant's property to build a new secondary school.

The board later authorized a land swap with the city to facilitate a joint development on the site.

The appellant argued this triggered section 41(1) of the Expropriations Act, requiring the board to offer the property back because it was no longer needed for the board's purposes.

The Court of Appeal dismissed the substantive appeal, finding the board had not abandoned its purpose of building a school and related amenities.

However, the court allowed the costs appeal, reducing the application judge's costs award to the partial indemnity amount originally sought by the board.

The applicant sought to compel the respondent school board to comply with s. 41(1) of the Expropriations Act after expropriated lands intended for a school were proposed to be conveyed to a municipality for a recreation facility and seniors’ centre use integrated with the school project.

The applicant argued that once the land was no longer needed for the original expropriation purpose, the respondent was required to provide notice and an election to reacquire the property.

The court held that the board had not abandoned the lands and that the proposed recreational and related facilities fell within the stated purpose of operating a school and related amenities, particularly given the broad provisions of the Education Act.

The application, including the request for temporary injunctive relief, was dismissed, and the respondent was awarded costs.