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Expropriation Law Blog

Screening out the Scheme: Potential lessons from the Paciorka re-hearing about the application of Expropriations Act S. 14(4)(b) in “mixed screening” scenarios

Doron Lurie

Introduction When a landowner in Ontario is expropriated by an expropriating authority, such as by the Ministry of Transportation (MTO), Metrolinx or by a municipality, the expropriated owner is entitled to be paid sufficient financial compensati......

Provincial Government Announces Sweeping Overhaul of The Land Use Planning Regime

Ontario’s Municipal Housing and Affairs Minister, Steve Clark, recently presented the province’s plan to address the province’s housing crisis, with Bill 108, the More Homes, More Choices Act, 2019, receiving its First Reading on......

Repeal and Replace: What Impact would the Proposed Replacement of the Ontario Municipal Board have on Expropriation Proceedings?

On May 30, 2017, the Ontario Legislative Assembly approved a first reading of Bill 139, which, if passed, would replace the Ontario Municipal Board with the Local Planning Appeal Tribunal.  Bill 139 still requires further readings and royal a......

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.......

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......

Province Undertakes Ontario Municipal Board Review

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

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