| Case name: |
Gillespie v. Ontario (Minister of Transportation) |
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| Jurisdiction: |
Canada - Ontario |
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| Parties: |
Name |
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Appearing as |
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Gillespie, Phyllis L. |
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Claimant |
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Ontario (Minister of Transportation) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Granger, D.R. |
Member |
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O'Connor, G.C. |
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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Pinelli, Lee A. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Adamson, Andrew |
Planner |
Claimant |
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Bedford, Larry W. |
Appraiser |
Claimant |
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Bender, Paul |
Appraiser |
Respondent |
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Lowes, P. |
Planner |
Respondent |
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| Decision: |
Application by the Claimant to the Ontario Municipal Board for determination of compensation pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. Prior to expropriation, the subject property was comprised of a 37 ac. parcel located in the Township of Innisfail. The Respondent had expropriated a fee simple interest in a 7 ac. portion and a temporary working easement over a further 4,800 sq. ft. portion of the subject property. The land was taken to permit construction of a parking lot and connecting service road for the GO Transit commuter rail service. The Claimant sought compensation in the amount of $1,262,678 for the fee simple taking and $115.22 per month for the temporary working easement. The Respondent estimated the total loss in property value at $200,000. As part of the project for which the land was taken the Respondent constructed a road through the subject property which the Claimant would otherwise have been required to construct to develop the land. It was held that this benefit could not be set-off against compensation otherwise payable. The Board made an award in the amount of $1,110,348 plus costs and interest as provided by the Act. |
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| ExLaw citation: |
[2004] EXLAW 25 |
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| Parallel citations: |
(2004) 86 L.C.R. 113 |
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[2004] O.M.B.D. 1322 |
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