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Business Losses

Navigating Business Losses in Expropriations: Past vs. Future Calculations in Ontario

When a property is expropriated in Ontario, business owners may be entitled to compensation for both past and projected future business losses resulting from the expropriation. Understanding the difference between the calculation of past business losses and projected future business losses is crucial for business owners to ensure they receive fair compensation. In this blog post, we will explore the distinctions between these two types of calculations in expropriations in Ontario.

Past Business Losses:
Past business losses refer to the financial impact that the expropriation has had on a business up to the date of the calculation of the losses. These losses are typically calculated based on historical financial data, such as profit and loss statements, tax returns, and other relevant records. The goal is to determine the actual financial losses incurred by the business due to the expropriation.

Calculating past business losses may involve assessing factors such as the decline in revenue/loss of customers, increased expenses, and any other direct financial impacts on the business. Business owners are entitled to compensation for these losses, which aim to put the business in the same financial position it would have been in if the expropriation had not occurred.

Projected Future Business Losses:
Projected future business losses, on the other hand, refer to the estimated financial impact that the expropriation will have on a business in the future. These losses are calculated based on projections of future earnings, expenses, and other relevant factors that may be affected by the expropriation.

Calculating projected future business losses requires a forward-looking approach, taking into account factors such as the anticipated decline in revenue, loss of customers, relocation costs, and other expenses that the business is likely to incur as a result of the expropriation. Business owners can be entitled to compensation for these projected future losses to ensure their financial stability following the expropriation.

It is essential for business owners in Ontario facing expropriations to seek legal advice to navigate the complexities of calculating both past and projected future business losses. By understanding the differences between these two types of calculations and their rights under the Expropriations Act, business owners can ensure they receive fair and comprehensive compensation for the financial impact of the expropriation on their business.

In conclusion, business owners in Ontario should be aware of the distinctions between past and projected future business losses in expropriations. By accurately calculating and advocating for compensation for both types of losses, business owners can protect their interests and financial stability during the expropriation process.

Related Blogs

Learning of a Potential Expropriation

Landowners often learn of a potential expropriation long before it actually takes place. Owners will sometimes become aware that their lands are to be acquired/expropriated for an infrastructure project through a public consultation or information session.

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.

Legal Costs Under the Expropriations Act

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.

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