The second decision in a trilogy of recent cases heard by the Ontario Municipal Board in respect of compensation claims for injurious affection to lands trapped in the Parkway Belt West Plan following Highway 407 takings has been handed down. There were three issues in dispute in Base Ninety Developments Limited v. Ontario: the market value of the lands taken, the extent of the injurious affection to those remaining lands to the south of the highway, and the injurious affection (if any) to the north remaining lands. The Board accepted the claimants’ position on all three issues.

type Injurious Affection to Lands Trapped in the Parkway Belt West Plan: A Case Law Update