FIRST SCHEDULESections 43 and 45.Part IPart IIGeneral effect of this Part
1. The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part I.Definitions applicable to Part I2. In Part I —“compensatable interest” means the estate or interest of —
a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (where by virtue of any written law or otherwise) by either party by not less than one month’s notice;
land
“land” includes and may, where the context so requires, have any one or more of the following meanings separately:(a)land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and all substances under the surface, whether or not held apart from the surface;(b)the whole or part of any building or other erection or fixture on land;(c)where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto;(d)any other estate, right, share or interest in land;
a mortgagee in possession;
the holder of a valid and subsisting option to purchase an interest referred to in paragraph (a) or (d); or
a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in paragraph (a) or (c) has already passed;“displacement” means the displacement of a person from land, whether such displacement is temporary or permanent;“displacement payment” means a sum equal to the financial loss naturally and reasonably resulting from the displacement of a person from the land.No account of certain financial loss or increase or decrease in value attributable to railway
railway
“railway” means the railway, tunnels, viaducts, bridges, crossings, stabling yards, depots, stations and other infrastructures constructed or intended to be constructed for the Mass Rapid Transit System and any extensions thereto;
3. In the assessment of compensation no account shall be taken of —
the financial loss resulting from the interruption of or interference with any trade or business carried on any land; and
any increase or decrease in the value of land to which the compensation relates which is attributable to —
the delineation thereof under section 32 of this Act as part of the railway area; or
railway area
“railway area” means the land delineated as such in plans and maps prepared pursuant to section 32(1) or (3);
the construction or operation of the railway.Refusal or reduction where Building Control Act contravened
4. Compensation may be refused or reduced in respect of any building or part thereof which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act [Cap. 29] being a contravention within the meaning of that Act.Compensation where damage results only partly from railway
5. The compensation assessed under item 2 or 3 of Part I shall be reduced to such extent as the Compensation Board thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to and connected with the railway.No compensation under item 5(c) of Part I for loss of advertising
Compensation Board
“Compensation Board” means the Railway Compensation Board established under section 49;
6. Where a sign advertising any business, product, service or activity is removed under section 41(4) of this Act, nothing in item 5(c) of Part I shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed.Claim by a mortgagee in possession
7. Where under this Act a claim for compensation may be made by a mortgagee in possession and compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security.Compensation payable to person within or outside railway area
mortgage
“mortgage” means a mortgage or charge registered under the Land Titles Act or the Registration of Deeds Act;
8. The compensation referred to in item 2 or 3 of Part I may be paid to any person owning a compensatable interest in land situate within or outside the railway area.[17/87]