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Oct
24
2016
Case Law Update

ONTARIO EXPROPRIATION ASSOCIATION ANNUAL CASE LAW UPDATE - 2016

Abbey Sinclair

Over the past year, Canadian courts and tribunals have provided expropriation practitioners with guidance on a range of timely issues. Decision-makers have considered and commented on pertinent topics such as compensation and valuation methodology......

Jul
05
2016
Article

CONTROLLING “REASONABLE” COSTS IN EXPROPRIATION PROCEEDINGS

Ashley Metallo et al

Introduction   The entitlement of expropriated owners to recover their reasonable legal costs is a vital component of the compensatory scheme under the Expropriations Act (the “Act”).2 This entitlement permits parties subject to ......

May
03
2016
Article

PRIVATE RIGHTS, PUBLIC GOOD: BALANCING COMPETING INTERESTS UNDER EXPROPRIATION LAW

Paul B. Scargall et al

Introduction  "There is general agreement that the existence and the exercise of this power [to expropriate] in actual cases constitutes an invasion of civil rights in our current legal system.   Notwithstanding this, the pow......

Mar
01
2016
Article

The Private Nature of Necessity Hearings and Inquiry Officer Reports: An Oddity in the Ontario Expropriation Legislation

Matthew Owen-King et al

Despite recent amendments, there remains an oddity in the formulation of the Ontario expropriation legislation that appears to restrict the public’s access to an integral element of the expropriation process. Namely, the Inquiry Officer’s written Report following a Hearing of Necessity continues to be considered as part of the political process of approval for an expropriation, without express rights for the public to access the decision. As such, Hearings of Necessity and Inquiry Officer Reports are not made open to the public despite the fact that they are a part of the publicly-funded, statutorily-mandated process that is intended to be an independent assessment of the balance between a community’s larger public interest needs with the rights of affected individuals.

 

Feb
05
2016
Article

Expropriation: The Legal Landscape Since Antrim

Paul B. Scargall and Abbey Sinclair

This paper begins with an overview of the expropriation process and the types of damages that may be claimed under the Ontario Expropriations Act4.

 

Oct
23
2015
Case Law Update

Ontario Expropriation Association Annual Case Law Update - 2015

Abbey Sinclair

201​​5 summary of expropriation law cases.

Oct
01
2015
Article

TRIBUNAL ADMINISTRATION AND THE DUTY TO CONSULT: A STUDY OF THE NATIONAL ENERGY BOARD

Abbey Sinclair et al

In this study, the authors present evidence that the National Energy Board (NEB) does not evaluate whether the duty to consult has been met by applicants or the Crown for the purposes of regulatory approval.

Oct
24
2014
Dec
13
2013
Case Commentary

Case Commentary - Roeland v. Manitoba

Matthew Owen-King and Ashley Metallo

The Manitoba Court of Appeal recently questioned the "soundness" of an Ontario court decision that is often cited in support of claims by expropriated owners for disturbance damages in circumstances where such awards are otherwise precluded by the Expropriations Act.

Oct
25
2013
Case Law Update

Ontario Expropriation Association Annual Case Law Update - 2013

Guillaume Lavictoire

201​3 summary of expropriation law cases.

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