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Expropriation – School Board

We were retained in a dispute between a real estate developer and an authority and developers group involving claims for business losses resulting from the expropriation of a parcel of land by a school board.

The developer was granted an award by the Ontario Municipal Board for the market value of its expropriated land, as well as an award for injurious affection related to the its remaining lands. The developer proceeded to bring an action in the Ontario Superior Court for lost profits on a planned development, on the assumption that the developers group had promised the developer different lands to replace the expropriated lands.

We were retained to critique the developer’s lost profits report, and our critique points were adopted by the trial judge in his decision.

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