| Case name: |
Bernard Homes Ltd. v. York Catholic District School Board |
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| Jurisdiction: |
Canada - Ontario |
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| Parties: |
Name |
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Appearing as |
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Bernard Homes Limited |
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Claimant |
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Crestvalley Homes Limited |
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Claimant |
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York Catholic District School Board |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Aker, J.R. |
Member |
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Boxma, J.R. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Alati, J. |
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Claimant |
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Melling, Michael W.A. |
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Claimant |
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Williams, Peter Charles |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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de Ruyter, Julius |
Planner |
Claimant |
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Robson, Robert M. |
Appraiser |
Claimant |
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Armstrong, Peter W. |
Accountant |
Respondent |
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| Decision: |
Application to the Ontario Municipal Board for determination of compensation pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. Full taking of a 2.5 ha. parcel of land located in Richmond Hill. The land was taken for school purposes. Prior to the hearing the parties reached agreement as to the market value of the land taken. The Board was required to consider disturbance damage claims for several types of business loss. An award was made for some of these claims. However a claim for lost developer's profit was adjourned pending the anticipated release of a decision by the court of appeal in another case. |
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| ExLaw citation: |
[2001] EXLAW 25 |
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| Parallel citations: |
2001 CarswellOnt 5516 |
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(2001) 75 L.C.R. 147 |
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[2001] O.M.B.D. 660 |
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(2001) 9 R.P.R. (4th) 139 |
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