Oakville Developments Secures $5.94 Million in Expropriation Proceedings

On August 12, 2024, the Ontario Land Tribunal issued a ruling in the expropriation proceedings of Oakville Developments (2010) Inc. against the expropriating authority, concerning the expropriation of land located at 550 Kerr Street in Oakville for the construction of an underpass at the Lakeshore West GO. The OLT awarded a total of $5,941,061 to Oakville Developments, plus costs and interest.

The OLT concluded that the highest and best use of the subject property was redevelopment for higher-order mixed-commercial residential development. The decision was supported by planning evidence demonstrating the potential for a comprehensive development plan for the surrounding lands. Oakville Developments was awarded $4,570,000 for market value of the fee simple lands taken under the expropriation. A further $1,321,061 was awarded for injurious affection arising from the expropriation, alongside $50,000 for the value of the temporary easement taken, as well as interest.

The expropriating authority, in its written closing submissions, argued that the total compensation was $1,760,000, with no interest to be paid.

Aird & Berlis represented Oakville Developments in this proceeding, with a team led by Christopher Williams and including Andrea Skinner and Ajay Gajaria (Expropriation).