| Case name: |
Dell Holdings Ltd. v. Toronto Area Transit Operating Authority |
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| Jurisdiction: |
Canada - Ontario |
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| Parties: |
Name |
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Appearing as |
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Dell Holdings Limited |
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Claimant |
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Toronto Area Transit Operating Authority |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Middleton, Donald W. |
Member |
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Tomlinson, J.R. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Richards, James Gregory |
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Claimant |
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Tanaka, Lynda C.E. |
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Claimant |
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Brownlie, John D. |
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Respondent |
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Heakes, Susan J. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Robson, Robert M. |
Appraiser |
Claimant |
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Williams, David Jones |
Planner |
Claimant |
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Harris, Lindsey Dale |
Planner |
Respondent |
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Ozog, Thadeus (Ted) |
Appraiser |
Respondent |
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| Decision: |
Compensation award by the Ontario Municipal Board pursuant to the Expropriations Act, R.S.O. 1980, c. 148. Partial fee simple taking of 9 acres from a 40 acre parent parcel. The land was taken for a transit facility. The land was ripe for development at the date of taking. Market value of the land taken was fixed at $923,000. Disturbance damages in the amount of $500,000 were awarded for business loss suffered by the Claimant by reason of delay by the Authority in determining its project requirements. A further disturbance damage award of $35,000 was made for executive time loss. Costs and interest were also awarded |
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| ExLaw citation: |
[1990] EXLAW 1 |
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| Parallel citations: |
1990 CarswellOnt 3732 |
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(1990) 43 L.C.R. 138 |
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[1990] O.M.B.D. 167 |
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