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.
