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Expropriation Law Blog

Nov
07
2016

Into/Out of the Shadows: “Ignoring the Scheme” in Expropriation Valuation

Expropriation law dictates that when land is expropriated, its market value must be determined without the scheme. For example, if an authority announces plans to build a future highway through a particular neighbourhood, property values may drop.......

Oct
31
2016

How is Compensation for Market Value Determined in an Expropriation?

Guillaume Lavictoire

“Market Value” is a primary head of compensation prescribed under the Expropriations Act for owners who have had all or a portion of their lands expropriated.  The Act provides an objective standard for the determination of market......

Sep
26
2016

Divisional Court Upholds Expropriation Costs Award In Favour of County

Guillaume Lavictoire

In the recent decision of Willies Car & Van Wash Limited v. The Corporation of the County of Simcoe, the Divisional Court of Ontario upheld an award of costs by the Ontario Municipal Board’s against a claimant, pursuant to the Expropriat......

Sep
19
2016

What is a Notice of Application for Approval to Expropriate Land?

Guillaume Lavictoire

  Expropriating authorities are often successful in amicably negotiating the acquisition of land required for an infrastructure project.  However, in certain circumstances an authority is required to pursue expropriation to acquire land.......

Sep
12
2016

Can I Fight or Contest an Expropriation?

Guillaume Lavictoire

Assuming the expropriating authority is acting within its jurisdiction to take land, the simple answer is yes, but with potentially limited upside.   The Expropriations Act allows for an Inquiry process whereby an owner can challenge wh......

Sep
05
2016

Surveyors' Right of Entry

Abbey Sinclair

Landowners affected by infrastructure projects and/or facing expropriation often wonder if a surveyor may access private property without permission. The simple answer is yes. In Ontario, the Surveys Act, R.S.O. 1990, c. S. 30 allows licensed sur......

Aug
29
2016

Legal Costs Under the Expropriations Act

Guillaume Lavictoire

The Expropriations Act is a remedial statute with the purpose of rendering the expropriated land owner economically whole. Accordingly, in addition to prescribing compensation for land taken and related impacts, the Act also prescribes the reimbursement of reasonable legal and professional costs incurred by an owner in the determination of compensation. The reimbursement of costs is contemplated under section 32 of the Act.

Aug
24
2016

Why is My Land Being Expropriated

Land can be expropriated for a variety of public purposes, depending on the institution or government authority carrying out the work. Most expropriation projects arise out of a need for new and improved public infrastructure, and arrive on the heels of environmental assessments which determine the best route or location for the project.

Jul
04
2016

Province Undertakes Ontario Municipal Board Review

Abbey Sinclair

The Ontario government has recently announced that it is undertaking a review of the scope and effectiveness of the Ontario Municipal Board (OMB). The review of the independent tribunal tasked with making decisions under a number of statutes, including the Planning Act and the Expropriations Act, could have a significant impact on the determination of land use planning and expropriation matters throughout the province

Mar
21
2016

Court Considers Authority's Obligation to Offer-Back Expropriated Lands to Owner

Abbey Sinclair

In a recent decision, 1739061 Ontario Inc. v. Hamilton-Wentworth District School Board, 2016 ONCA 210, the Ontario Court of Appeal considered the “offer-back obligations” of expropriating authorities  and an expropriated owner&rsq......

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