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.
