The City of Toronto brought a motion to dismiss the Claimant's claim for injurious affection under the Expropriations Act without a hearing.
The City argued the Claimant failed to identify actionable conduct by the City or a basis for nuisance, as the City merely issued permits for construction by others.
The Ontario Land Tribunal dismissed the motion, finding that the pleadings sufficiently set out the elements of an injurious affection claim and that there were genuine issues of fact and law in dispute that required a full hearing.
