| Case name: |
1739061 Ontario Inc. v. Hamilton-Wentworth District School Board |
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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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1739061 Ontario Inc. |
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Applicant |
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Hamilton-Wentworth District School Board |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Whitaker, Kevin W. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Higgs, Christel |
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Applicant |
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Sperduti, Frank Joseph |
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Applicant |
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Henry, Paul R.K. |
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Respondent |
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| Decision: |
Application by an owner for an order compelling the Respondent School District to serve a notice of abandonment for purposes of s. 41(1) of the Expropriations Act, R.S.O. 1990, c. E.26. The Respondent had expropriated land from the Applicant for purposes of a high school and related amenities. However, after acquiring title to the subject property the Respondent decided to convey the subject property to the City of Hamilton for purposes of a senior's centre. The Respondent had not offered the Applicant a right of first refusal. Meanwhile in a separate proceeding the Applicant was seeking a determination of compensation payable for the expropriation pursuant to the Expropriation Act and this action was still outstanding. It was held that the Respondent's proposed use of the subject property was consistent with the original purpose for which the expropriation was carried out such that a notice of abandonment was not required. The application was dismissed. Costs were awarded to the Respondent and fixed in the amount of $58,815.46. |
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| Neutral citation: |
2015 ONSC 1442 |
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| ExLaw citation: |
[2015] EXLAW 8 |
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| Parallel citations: |
(2015) 251 A.C.W.S. (3d) 262 |
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(2015) 114 L.C.R. 207 |
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[2015] O.J. No. 1133 |
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(2015) 52 R.P.R. (5th) 341 |
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