WILSON V. KAWARTHA LAKES (CITY)

Denitza Koev represented the City of Kawartha Lakes before the Local Planning Appeal Tribunal (now the Ontario Land Tribunal), successfully defending against a motion for discovery and protecting the City’s settlement privilege over certain records. One of the records that the claimant sought to rely upon was an appraisal report generated for settlement discussion purposes. It valued the property by taking into account the use of a landfill nearby. However, the City did not expropriate the claimants’ property. The Tribunal recognized that the test for injurious affection without a taking focuses on damages flowing from construction activities related to the landfill in question, not its use. The Tribunal agreed with the position taken by Ms. Koev on behalf of the City that the appraisal report and any questions related to it are both irrelevant to the issues that would be dealt with at the merit hearing. In addition, the Tribunal agreed that the appraisal report was properly subject to settlement privilege.

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