WEST HILL REDEVELOPMENT v. THE MANAGEMENT BOARD OF THE CABINET On June 24, 1999 the Divisional Court dismissed an appeal by the Management Board of the Cabinet from the decision of the Ontario Municipal Board (OMB). The Divisional court said that the OMB had asked itself the right question, namely what is the development in respect of which this expropriation was made. The Court concluded that it was open to the OMB to conclude on the evidence that the City of Scarborough had passed its OPA 721 as the first step in a concerted effort, or common scheme, to establish a park with a view to establishing the very development for which the land was expropriated as part of the Rough Park Development. The Court showed itself reluctant to reconsider the Ontario Municipal Board's finding of fact as to what the development was in respect of which the expropriation was made and whether there was a causal connection between the imposition of the land use restriction and the expropriation that ultimately occurred. This article appears in the OEA FALL 1999 NEWSLETTER

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