The appellant's land was expropriated by the respondent municipality.
After years of delay and litigation, the appellant rejected a settlement offer of $1.2 million.
The Ontario Municipal Board ultimately awarded compensation of $710,000 and ordered costs against the appellant from the date of the settlement offer.
The appellant appealed, arguing that 'amount offered' under s. 32 of the Expropriations Act refers only to the initial statutory offer under s. 25, and that costs cannot be awarded against an expropriated party.
The Court of Appeal dismissed the appeal, holding that s. 32 encompasses subsequent offers and that the Board retains discretion to award costs against a claimant to encourage settlement and sanction unreasonable conduct.
