| Case name: |
Vincorp Financial Ltd. v. Oxford (County) |
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| Jurisdiction: |
Canada - Ontario |
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| Court: |
Superior Court of Justice |
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| Parties: |
Name |
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Appearing as |
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Blandford Square Developments Limited |
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Plaintiff |
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Vincorp Financial Limited |
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Plaintiff |
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Oxford (County) |
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Defendant |
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Woodstock (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Horkins, Carolyn J. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Atwood, Evan Douglas |
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Plaintiff |
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Gold, Robert |
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Plaintiff |
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Lukasiewicz, Peter J. |
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Plaintiff |
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Sherkin, Kevin David |
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Plaintiff |
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Stieber, Murray |
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Defendant |
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Stieber, Steven |
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Defendant |
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| Decision: |
Application by a property owner and mortgagee for an order determining whether an expropriation was valid. In 2005 the Defendant attempted to expropriate a 92 ac. parcel of land owned by the Plaintiff Blandford. The expropriation procedure was carried out pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. The purpose of the expropriation was to permit the development of an automobile assembly plant by a private company, Toyota Motor Manufacturing North America Inc. The Defendant had entered into an agreement with Toyota whereby the Defendant would transfer the land to Toyota after expropriation and Toyota would reimburse the Defendant for the Defendant's cost of acquisition. The Plaintiffs alleged that the intended purpose of the expropriation was beyond the Defendant's statutory powers. However the court found that the Municipal Act, S.O. 1990, c. 25, granted powers to deal with the economic well-being of a municipality. In this case the purpose of the expropriation fell within that power and the expropriation was valid. A further challenge alleging that the agreement between the Defendant and Toyota had granted a prohibited benefit for purposes of s. 106 of the Municipal Act was dismissed. |
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| Neutral citation: |
2014 ONSC 2580 |
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| ExLaw citation: |
[2014] EXLAW 7 |
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| Parallel citations: |
(2014) 239 A.C.W.S. (3d) 661 |
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(2014) 113 L.C.R. 1 |
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(2014) 23 M.P.L.R. (5th) 83 |
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[2014] O.J. No. 2049 |
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(2014) 44 R.P.R. (5th) 190 |
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