This is a September 18, 2012 Federal Court Reasons for Order and Order of The Honourable Mr. Justice Near wherein the Applicants’ contempt motions are ordered to be dismissed and costs are ordered to be set at $1,000.00 payable by the Applicants and divided equally between the Respondents. Read full order… Stephen Waqué, Frank Sperduti
This is a December 23, 2011 judgment of the Ontario Superior Court of Justice in which Sean Gosnell represents Interveners, Burgar Rowe Professionals, which decision was appealed to the Court of Appeal by the Applicant, Tiny Township. Read full decision… Stephen Waqué, Frank Sperduti and Sean Gosnell are partners at Borden Ladner Gervais LLP and members
This is an August 3, 2012 Order and Reasons of the Landlord and Tenant Board in which Sean Gosnell represented Bell Mobility Inc., which was permitted by the Board to participate in the hearing as an “Interested Party”. Read full order… Stephen Waqué, Frank Sperduti and Sean Gosnell are partners at Borden Ladner Gervais LLP
Gabrielle Kramer, a member of the Borden Ladner Gervais LLP EMER Practice Group, was quoted in January 11, 2013 issue of The Lawyer Weekly in an article entitled “Clean-up cost landscape shifts, owners at greater risk”. To read this article, please click on the link below. Read full article… Stephen Waqué, Frank Sperduti and Sean
The City of Windsor expropriated the site of the “Cheetahs” adult entertainment club in order to facilitate redevelopment in downtown Windsor. The City paid the owners more than $1 million to cover the costs of relocation and renovations at the owners’ new facility, but the City denied the owners’ claim for $4 million in business
This case involved complicated property law issues and an allegation of bad faith against BLG’s client, the City of Windsor. The plaintiff had purchased former Canadian Pacific Railway (“CPR”) lands on the north and south sides of Riverside Drive. The two parcels were connected by land beneath a bridge on Riverside, but it was unclear
BLG defended the City of Toronto’s plans for the redevelopment of Yonge-Dundas Square against serious challenges from some of the business owners who were to be forced out by the project. The case involved the validity of the City’s designation of the square as a “community improvement project area.” The applicants also challenged the City’s
The City of Windsor expropriated the owner’s land for use as a casino. The owner sought to quash the expropriation by arguing that casinos were illegal at the time and it was thus improper for the City to expropriate for that use. The owner also argued that the proposed use did not comply with the
In the Masae case, BLG acted for the City of Toronto and established for the first time that environmental remediation costs can be deducted from the market value of expropriated land. The case also represented another decisive victory for BLG on the overall question of valuation. The City acquired approximately five acres in an industrial
When municipalities expropriate land, the affected landowners are entitled by statute to a “hearing of necessity” in which an Inquiry Officer hears arguments as to whether the taking is “is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.” Hearings of necessity only occasionally result in changes to an
