| Case name: |
Fontana v. Oxford (County) |
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| Jurisdiction: |
Canada - Ontario |
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| Court: |
Local Planning Appeal Tribunal |
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| Parties: |
Name |
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Appearing as |
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Blandford Square Developments Limited |
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Claimant |
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Calvano, Antonio |
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Claimant |
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Fontana, Luigi |
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Claimant |
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Marignani, Guiseppe |
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Claimant |
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Mintz, Irwin |
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Claimant |
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Rui, Mirto |
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Claimant |
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Vincorp Financial Limited |
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Claimant |
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Oxford (County) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Lanthier, David L. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Ackerman, Robert Giles |
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Claimant |
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Tzekas, Christopher James |
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Claimant |
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Baker, Andrew Michael |
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Respondent |
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Lesage, Julie Marianne |
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Respondent |
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Waque, Stephen F. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Zimmerman, Tim |
Valuator |
Claimant |
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Tautrims, Glenn |
Valuator |
Respondent |
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| Decision: |
Application to the Ontario Local Planning Appeal Tribunal for determination of compensation payable to the Claimants by the Respondent pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. Full taking of a parcel of land located in the County of Oxford. The land was taken for purposes of an auto assembly plant. The parties settled many of the outstanding issues during the course of the hearing including market value, which was agreed at $3.6 million, leaving the Tribunal to determine only certain unresolved issues as to the interests of the security holders. The Tribunal found that the market value of the land taken was less than the amount secured by the first mortgage. It was held that the first mortgagee Claimant was only entitled to compensation equal to the market value of the land and the remaining security interest Claimants were not entitled to receive compensation. |
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| ExLaw citation: |
[2020] EXLAW 1 |
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| Parallel citations: |
2020 Can LII 14751 |
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2020 CarswellOnt 2752 |
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(2020) 16 L.C.R. (2d) 151 |
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2020 LNONLPAT 156 |
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