In what circumstances will the Toronto Area Transit Operating Authority obtain damages from a landowner for delay in expropriating land for a new transit station?
British Columbia, Canada
The following excerpt is from Thunderbird Entertainment Ltd. v. Greater Vancouver Transportation Authority, 2011 BCSC 636 (CanLII):
In Toronto Area Transit Operating Authority v. Dell Holdings Ltd., 1997 CanLII 400 (SCC), [1997] 1 S.C.R. 32 [Dell ], the landowner was in the business of property development and was seeking approvals for residential development. The transit authority was in the process of choosing one of two sites for the construction of a new transit station, both of which were situated on the owner’s acreage. The City of Mississauga withheld the necessary approvals for the development of the property pending a decision from the transit authority as to which portion it would be acquiring. The time taken by the transit authority to reach a final decision as to the acreage it required for the station delayed the owner’s development of the remainder of the land for approximately two years. Once the transit authority made its decision and expropriated, the developer sought damages for delay in carrying out its land development business.
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