44. Claims against persons other than Corporation
Feedback & supportLast amended by an amending law of 1987.
Where an action, claim or proceeding is brought against any person other than the Corporation to recover the damages, compensation or costs for —
damage or disturbance to or loss of or in the value of any land, chattel, trade or business;
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;
personal disturbance or inconvenience; or
extinguishment, modification or restriction of rights,in pursuance of one of the rights to compensation provided for in section 43, sections 45, 46, 48 and 50 shall apply and any reference to the Corporation in those sections shall be read as a reference to that other person.[36A
Corporation
“Corporation” means the Mass Rapid Transit Corporation established under section 3;