Often Overlooked Owner’s Claims
Under the Expropriation Act (the “Act”), all “owners” are entitled to compensation. Importantly, owner, as defined in section 1(1) of the Act includes tenants:
“owner” includes a mortgagee, tenant, execution creditor, a person entitled to a limited estate or interest in land, a guardian of property, and a guardian, executor, administrator or trustee in whom land is vested.
The intention of the Act is to make tenants whole by providing full and fair compensation in the same manner which an owner with title to the land is to be made whole under the Act. The expropriation process is stressful on both landowners and tenants. The Act recognizes this and affords rights to all tenants.
Accordingly, the Act does not create a distinction between commercial or residential tenants. Neither does the Act create a distinction between tenants registered on title and tenants not registered on title.
Claims from residential tenants are often based on relocation costs and rent differential. Rent differential is the balance of the difference between the rent at your current residence and your new residence where you relocated to as a result of the expropriation.
Commercial tenant claims include relocation costs, rent differential and also account for business losses suffered as a direct result of the expropriation.