| Case name: |
Gillespie (Litigation Guardian) v. Ontario (Minister of Transportation) |
|
|
|
| Jurisdiction: |
Canada - Ontario |
|
| Court: |
Superior Court of Justice - Divisional Court |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Ontario (Minister of Transportation) |
|
Appellant |
| |
Gillespie, Phyllis L. |
|
Respondent |
| |
Nelson, Diane |
|
Respondent |
|
| Before: |
Decision maker |
Designation |
|
Aston, David R. |
S.J. |
| |
Greer, Susan E. |
J. |
| |
Swinton, Katherine E. |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Jackson, Amanda |
|
Appellant |
| |
Pinelli, Lee A. |
|
Appellant |
| |
Ackerman, Robert Giles |
|
Respondent |
|
|
|
|
|
|
|
|
|
| Decision: |
Appeal by the Authority from a compensation award by the Ontario Municipal Board pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. The issue on appeal was whether the Board had erred in deducting development and delay costs from the after value of the remaining portion of the subject property. The Board had applied a before and after analysis when fixing the compensation award at $1,110,348. The Authority alleged that the award for market value of the land taken should have been $623,121. The appeal was dismissed. Costs were awarded to the Claimant. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[2006] EXLAW 20 |
|
| Parallel citations: |
2006 Can LII 84668 |
| |
2006 CarswellOnt 410 |
| |
(2006) 264 D.L.R. (4th) 375 |
| |
(2006) 89 L.C.R. 1 |
| |
(2006) 207 O.A.C. 91 |
| |
[2006] O.J. No. 308 |
| |
(2006) 47 R.P.R. (4th) 146 |
|
|
|
