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In
the past ten years, Juteau Johson Comba Inc. has prepared over sixty reports for
expropriation purposes. These expropriations have ranged from partial takings
of residential properties to full taking of a subdivision. Types of properties
affected include single family residential homes, residential land, industrial
land, commercial and industrial properties and residential subdivisions. Issues
addressed include loss of frontage/lot size resulting in injurious affection,
landlocking of remaining lands, injurious affection caused by the works, application
of the home-for-home entitlement, development costs, timing and profit for a subdivision,
identification of the larger parcel and the impact of undevelopable land on the
value of a subdivision. While most expropriation files are settled, several
files have resulted in Board of Negotiation hearings or hearings before the Ontario
Municipal Board. Reported cases in which Mr. Ron Juteau testified before the Ontario
Municipal Board include Parks et al. v MTO LCR 56/166 and Boyd v MTO LCR 55/246.
An expropriation which resulted in a 57 day trial in Federal Court (C & B
Vacation Properties v Her Majesty the Queen, T-1160-90) involved the taking of
a 73 lot registered country estate subdivision with 23 pre-sales. Appraisal elements
included individual lot values of the 50 unsold lots, lot premiums, timing of
development, impact of increasing prices on remaining unsold lots, financing adjustments,
servicing costs and developer's profit. The principals of Juteau Johnson
Comba Inc. are knowledgeable in expropriation issues and jurisprudence relating
to the many provisions of the Expropriations Act of Ontario and can knowledgeably
assist legal counsel in identifying the valuation issues, coordinating expert
testimony, preparing expert reports, researching and critiquing reports of opposing
expert witnesses and providing credible expert witness testimony.
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