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City of Stratford Successful in Ontario Superior Court of Justice Appeal

Christopher J. Williams, Andrea Skinner and Timothy J. Hill

The Ontario Superior Court of Justice Divisional Court released its decision in 1353837 Ontario Inc. v. The Corporation of the City of Stratford, concerning 1353837 Ontario’s appeal of the Ontario Land Tribunal’s expropriation compensation decision of October 15, 2021. The Divisional Court unanimously ruled in favour of Stratford, dismissing the appellant’s two-part appeal with costs, that the Tribunal erred in its determination of the compensation owed to the appellant as a result of the expropriation and that the appellant was denied procedural fairness by the Tribunal. In its 2021 decision, the OLT had found in favour of the City of Stratford on all issues and confirmed the quantum of market value of $290,000.00 based upon its speculative value as set out in the City’s 2009 appraisal provided pursuant to s.25 of the Expropriations Act. At the time of the OLT hearing, the claimant 1353 was seeking $22,700,000.00 as compensation for market value.

Aird & Berlis successfully represented the City of Stratford with a team including Chris Williams, Timothy Hill, Andrea Skinner and Hansen Wong of the firm’s Expropriations Group.

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