| Case name: |
Gillespie (Litigation Guardian) v. Ontario (Minister of Transportation) |
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| Jurisdiction: |
Canada - Ontario |
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| Parties: |
Name |
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Appearing as |
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Ontario (Minister of Transportation) |
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Appellant |
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Gillespie, Phyllis L. |
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Respondent |
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Nelson, Diane |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Chapnik, Sandra |
J. |
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Juriansz, Russell G. |
J.A. |
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Sharpe, Robert J. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Pinelli, Lee A. |
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Appellant |
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Wilson, Julie |
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Appellant |
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Ackerman, Robert Giles |
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Respondent |
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| Decision: |
Second appeal by the Authority from a compensation award made by the Ontario Municipal Board pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. A 7.4 ac. portion of the Claimant's 39 ac. parcel was taken for a GO Transit commuter rail parking lot and access road project. The road constructed by the Authority provided a significant benefit to the Claimant's remaining land because the Claimant would otherwise have been required to construct the road. At issue on this appeal was whether the Board erred by double-counting development costs when determining the market value of the land taken. It was held that the Board had erred. The award was reduced to $623,121. Costs of the first appeal and the present appeal were awarded to the Authority and fixed at $40,000. |
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| Neutral citation: |
2007 ONCA 441 |
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| ExLaw citation: |
[2007] EXLAW 3 |
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| Parallel citations: |
(2007) 158 A.C.W.S. (3d) 607 |
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2007 CarswellOnt 3785 |
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(2007) 281 D.L.R. (4th) 390 |
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(2007) 92 L.C.R. 218 |
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(2007) 225 O.A.C. 33 |
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[2007] O.J. No. 2359 |
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(2007) 58 R.P.R. (4th) 14 |
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