Ontario (Minister of Transportation and Communications) v. Winkler and Winkler, (1983) 1 O.A.C. 207 (DC)

• Judge: Osler, Steele and Eberle, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 28, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 207 (DC)

Ont. v. Winkler (1983), 1 O.A.C. 207 (DC)

MLB headnote and full text

Ministry of Transportation and Communications v. Winkler and Winkler

(No. 1057/82)

Indexed As: Ontario (Minister of Transportation and Communications) v. Winkler and Winkler

Ontario Divisional Court

Osler, Steele and Eberle, JJ.

December 13, 1983.

Summary:

The owners of expropriated lands entered a written agreement with the expropriating authority respecting the compensation payable to them. The owners subsequently filed a claim for compensation with the Land Compensation Board. The issues to be determined by the Board were the date from which interest was to be calculated and the rate of interest payable to the owners. The expropriating authority claimed that the proper interest was simple interest at 6%, which was payable only from the date on which the lands vested in the authority.

The Board stated a case to the court asking the following questions: (1) whether, in light of the agreement between the parties, the Land Compensation Board had jurisdiction to determine what interest was payable to the owners pursuant to s. 35 of the Expropriations Act and (2) if so, whether the Board had jurisdiction to make an award of interest calculated from a date earlier than the date as of which compensation was to be determined pursuant to s. 10(2) of the Act.

The Ontario Divisional Court answered both questions in the affirmative.

Expropriation - Topic 1322

Measure of compensation - Elements of compensation - Interest - The Ontario Divisional Court stated that interest was one of the elements of compensation for expropriation - See paragraph 11.

Expropriation - Topic 1656

Measure of compensation - Interest - Rate of interest - Jurisdiction - The Ontario Divisional Court held that the Land Compensation Board had jurisdiction to determine what rate of interest was payable to the owner of expropriated land under s. 35 of the Expropriations Act, notwithstanding an agreement between the owner and expropriating authority that settled all other claims in dispute - See paragraphs 7 to 13.

Cases Noticed:

Judson et al. v. Governors of the University of Toronto (1971), 1 L.C.R. 213 (S.C.C.), folld. [para. 11].

Minister of Highways for British Columbia v. Richland Estates Ltd. (1973), 4 L.C.R. 85, consd. [para. 12].

Vandenbelt et al. v. Regional Municipality of Ottawa-Carleton (1978), 15 L.C.R. 297 (L.C.B.); (1980) 19 L.C.R. 193 (Div. Ct.), folld. [para. 14].

Statutes Noticed:

Expropriations Act, R.S.O. 1980, c. 148, sect. 13 [para. 8]; sect. 25(4) [para. 10]; sect. 35(1), sect. 35(4) [para. 9].

Counsel:

T.C. Marshall, Q.C., for the applicant;

J.A. Coates, for the respondents.

This case was heard before Osler, Steele and Eberle, JJ., of the Ontario Divisional Court, on November 28, 1983. The decision of the court was delivered by Steele, J., and released on December 13, 1983.