By Eric Finn, Associate
Section 14(4)(b) of the Ontario Expropriations Act provides that in determining the market value of expropriated land no account shall be taken of “any increase or decrease in the value of the land resulting from the development or the imminence of the development in respect of which the expropriation is made or from any expropriation or imminent prospect of expropriation.” This concept is derived from common law principles intended to screen out the impact of the proposed development giving rise to the expropriation on the market value of the property. Implicit in the application of the section is the existence of a “scheme” of development leading to the expropriation and a determination of when such “scheme” arose.
Full paper at the link below