| Case name: |
Dell Holdings Ltd. v. Toronto Area Transit Operating Authority |
|
|
|
| Jurisdiction: |
Canada - Federal |
|
| Court: |
Supreme Court of Canada |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Dell Holdings Limited |
|
Claimant |
| |
Toronto Area Transit Operating Authority |
|
Authority |
|
| Decision makers: |
Name |
Designation |
|
Cory, Peter de Carteret |
J. |
| |
Gonthier, Charles Doherty |
J. |
| |
Iacobucci, Frank |
J. |
| |
La Forest, Gerard V. |
J. |
| |
Major, John C. |
J. |
| |
McLachlin, Beverley Marion |
J. |
| |
Sopinka, John |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Finlay, Bryan |
|
Claimant |
| |
Richards, James Gregory |
|
Claimant |
| |
Tanaka, Lynda C.E. |
|
Claimant |
| |
Brownlie, John D. |
|
Authority |
| |
Heakes, Susan J. |
|
Authority |
|
|
|
|
|
|
|
|
|
| Decision: |
Appeal by the Claimant from a compensation award made by the Ontario Municipal Board. The Claimant was an experienced developer that owned about 40 acres of land that was ripe for development. It applied to the municipal government for approval of a residential development. However, a transit authority had also identified the subject property as suitable for use as a transit facility. The municipality withheld development approval until after the transit authority ascertained its requirements and expropriated a 9 acre portion of the subject property. A development approval was issued for the remainder. The Claimant then sought disturbance damages in the expropriation proceedings for business losses caused by the delay.
At the first hearing before the Municipal Board, the Claimant was successful in recovering business losses in the amount of $500,000 as disturbance damages. However, the O.M.B. decision was overturned on the first appeal to the Divisional Court. That decision was upheld on a further appeal to the Court of Appeal. The Claimant was successful on the present appeal and the original award for disturbance damages was restored. The Claimant also received an award of costs. |
|
|
|
|
|
|
|
| ExLaw citation: |
[1997] EXLAW 217 |
|
|
|
| Parallel citations: |
(1997) 68 ACWS (3d) 665 |
| |
(1997) 45 ADMIN LR (2d) 1 |
| |
1997 CanLII 400 |
| |
1997 CarswellOnt 78 |
| |
(1997) 142 DLR (4th) 206 |
| |
(1997) 60 LCR 81 |
| |
(1997) 36 MPLR (2d) 163 |
| |
(1997) 206 NR 321 |
| |
(1997) 97 OAC 81 |
| |
(1997) 31 OR (3d) 576 |
| |
(1997) 7 RPR (3d) 1 |
| |
[1997] SCJ No. 6 |
| |
[1997] 1 SCR 32 |
|
|
|
|
|
