DUFOUR and 51037 ONTARIO LIMITED v. REGIONAL MUNICIPALITY OF SUDBURY: OMB file LC950197, decision released August 12, 1999 Marielle Dufour and 510317 claimed injurious affection for business damages and reduction in market value due to the widening, reconstruction and maintenance works on Regent Street in the City of Sudbury during the 1993 and 1994 construction seasons. The work was the first major repair in 50 years and included replacement and upgrading of all sidewalks and services and the addition of a fifth lane for left turns. The property was a convenience store which had frontage on Regent Street but had rear lane usable access to three other public streets. Because of the extent of the construction, access from Regent Street along the frontage was closed completely for four days. Three years after the construction the property and business were sold. The Board awarded $5400 for business damages and $15,000 for reduction in market value of the land between the start of construction and the end, a period of about 18 months. The Board found that the contractor and the Region used their best efforts to limit the disruption, acquitted themselves very reasonably and that there was neither negligence no incompetence on the part of either the Contractor or the Region. The Board also held that this was not a case where the municipality had acted unreasonably or in an egregious manner. The Board found that the business was suffering from other causes prior to the construction work. Absent clear indication from the appraiser called by the Region as to whether the fall in value could [be] attributed to other causes, the market value loss was attributed by the Board to the works on Regent Street. At this time no decision as to appeal had been reached. —Lynda Tanaka, Weir & Foulds This article appears in the OEA FALL 1999 NEWSLETTER

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