A group of property owners acquired several parcels in the Windsor, Ontario (Canada) area over the years, “with the aim of developing the lots for residential purposes.”
The city had other ideas: it wanted the area for a “natural heritage area known as the Spring Garden Complex.” The property owners believed they were entitled to more for the parcels than the city offered, so the city instituted expropriation actions. After some up-and-down in the appeal chain,
applying the concept which we further south call the “project rule,” the Appeal Tribunal concluded that its task was to determine the value of the expropriated property in the absence of the expropriation. See slip op. at 5 (“The Tribunals’ responsiblity in this case is to assess what impact, if any, the requirements of the PPS would have on the market value of Claimants’ lands if the impacts of the scheme are screened out.”).
TEXT Download LC050010-FEB-07-2020, No.