Metropolitan Toronto and Region Conservation Authority v. Valley Improvement Co. Ltd.

Metropolitan Toronto and Region Conservation Authority v. Valley Improvement Co. Ltd.

The Supreme Court held the Court of Appeal did not have jurisdiction to determine the quantum of compensation; the Court found the Ontario Municipal Board erred in law by effectively treating the expropriated parcel as permanently severed and incapable of contributing to the value of the whole, and therefore remitted the matter to the Board to determine compensation in accordance with the Court's answers to the questions of law and jurisdiction (deleting the Court of Appeal’s fixed award).

Citation
[1963] SCR 15
Parties
Appellant / Plaintiff: Metropolitan Toronto and Region Conservation Authority; Respondent / Defendant: Valley Improvement Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 1962
Procedural Posture
Expropriation / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed in part; Court of Appeal order increasing compensation set aside insofar as it fixed a new award; matter remitted to the Ontario Municipal Board to be dealt with in accordance with the Supreme Court's answers to the questions of law and jurisdiction; appellant awarded costs in this Court; Court of...
Legal Topics
Compensation Assessment, Jurisdiction of Appellate Courts, Zoning and Rezoning Probability, Ontario Municipal Board Review
Source Language
English
Expropriation Administrative Law Municipal Law Property Valuation Compensation Assessment Jurisdiction of Appellate Courts Zoning and Rezoning Probability Ontario Municipal Board Review

Case Brief

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Parties

Metropolitan Toronto and Region Conservation Authority

Appellant / Plaintiff

Valley Improvement Company Limited

Respondent / Defendant

Procedural Posture

Expropriation / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to determine and fix the amount of compensation
  2. 2 Whether the Ontario Municipal Board erred in law by treating the expropriated lands as a separate entity unattachable to the remainder
  3. 3 Whether the Board could consider the 1959 by-law and post‑taking events as confirmatory evidence

Ratio Decidendi

The Supreme Court held the Court of Appeal did not have jurisdiction to determine the quantum of compensation; the Court found the Ontario Municipal Board erred in law by effectively treating the expropriated parcel as permanently severed and incapable of contributing to the value of the whole, and therefore remitted the matter to the Board to determine compensation in accordance with the Court's answers to the questions of law and jurisdiction (deleting the Court of Appeal’s fixed award).

Court Disposition

Appeal allowed in part; Court of Appeal order increasing compensation set aside insofar as it fixed a new award; matter remitted to the Ontario Municipal Board to be dealt with in accordance with the Supreme Court's answers to the questions of law and jurisdiction; appellant awarded costs in this Court; Court of...

Orders

  • Allow appeal in part and delete the Court of Appeal paragraphs fixing compensation
  • Answer Question 1: Board erred in law by treating the expropriated lands as an entity separate from the remainder and assuming owner could never acquire or use them