Borden Ladner Gervais has been involved as counsel in many of the leading expropriation cases decided in Ontario since the 1980's. Perhaps the most significant of these is Torvally Development Ltd. vs. MTRCA (1988), 40 L.C.R. 81 (O.M.B.); varied (1989), 69 O.R. (2d) 508 (Ont. Div. Ct.) In this case we acted for the claimant who had owned the former brickworks located in the Don River Valley of Metropolitan Toronto and had intended to develop it for residential use. At the Ontario Municipal Board compensation for market value of the land in the amount of $16,150,000.00 was awarded. On appeal by the expropriation authority and cross-appeal by the claimant the amount of the award was increased to $19,000,000.00. Recently our firm has also been successful in Appellant Courts outside of Ontario as demonstrated by the decision of the Alberta Court of Appeal in Julia Thoreson et al v. H. M. the Queen, Memorandum of Decision filed September 7, 2006
Borden Ladner Gervais acts both for claimants and expropriating authorities. Borden Ladner Gervais acted for the City of Windsor in connection with the expropriations required to facilitate the development and construction of the Windsor Casino at a downtown location so it could act as a catalyst for urban renewal. Several of the affected owners challenged the legality of the expropriation itself in a series of legal proceedings which culminated in a decision of the Ontario Court of Appeal in which we were successful in upholding the validity of the expropriation: see Legoyeau Holdings Ltd. v. City of Windsor (1993), 52 L.C.R. 241. The legality of the expropriations was upheld and substantial costs were ordered in favour of the City of Windsor.