TRIBUNAL SIDES WITH LANDOWNER IN KERR VILLAGE EXPROPRIATION DISPUTE
In an August 12
decision, OLT Vice-Chair William Middleton and Member Gwen Croserordered a significant cost award for Oakville Developments (2010) Inc. in connection with its land compensation claim against Metrolinx for 550 Kerr Street in the Town of Oakville. Metrolinx is undertaking a realignment and grade separation of Kerr Street, where the street currently intersects at grade with the Lakeshore West GO line. In preparation for this project, Metrolinx expropriated various lands in the vicinity, including taking a fee simple interest and a temporary limited interest of 0.545 acres of land from Oakville Developments’2.5-acre property.
The parties did not agree on the value of compensation to be provided to Oakville Developments, which initiated a land compensation claim pursuant to the
Expropriations Act, the Tribunal convened a hearing to consider evidence from Oakville Developments and Metrolinx regarding the appropriate amount of compensation owed.
After hearing from a range of witnesses, including experts in land use planning, land economics, and transportation, the Tribunal largely ruled in favor of Oakville Developments and ordered that Metrolinx pay compensation for the expropriation in the following amounts:
- $4,570,000 for the market value of the fee simple taking (as claimed by Oakville Developments).
- $50,000 for the value of the temporary easement (as valued by Metrolinx, representing a reduction from the amount claimed by Oakville Developments).
- $1,321,061 for injurious affection (generally as claimed by Oakville Developments).
- Interest on these amounts to be paid at a rate of six percent per annum, commencing from October 16, 2021, the effective date of the expropriation.
