Manitoba Law Reform Commission Recommends Amendments to the Manitoba Expropriation Act
The Manitoba Law Reform Commission recently released its report entitled “Creating Efficiencies in the Law: The Expropriation Act of Manitoba.” The report is the result of a consultation process during which experienced expropriation law practitioners were involved. The report makes 10 recommendations to improve the statute, and notes that “if implemented, these recommendations would provide better guidance to practitioners, landowners, and the Land Value Appraisal Commission, and put the injurious affection provisions on par with other jurisdictions in Canada.”
The report’s recommendations relate primarily to compensation for injurious affection and disturbance damages, as well as the reimbursement of legal and consulting costs. The report’s recommendations with respect to costs may ignite a discussion in the broader expropriation community. The Commission has recommended the inclusion of a provision in the Expropriation Act to prescribe the reimbursement of costs incurred by expropriated owners on an interim or ongoing basis.
In Ontario, the prospect of the mandatory reimbursement of interim costs by expropriating authorities has been a topic of discussion for several years amongst practitioners. Currently the Ontario regime prescribes the payment of costs at the conclusion of a matter, when final compensation is fully and finally determined.
For a complete copy of the Commission’s report, please visit the following link: http://www.manitobalawreform.ca/pubs/pdf/137-full_report.pdf