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February 05, 2016 | Article 

Expropriation: The Legal Landscape Since Antrim

The landscape in expropriation law following the Supreme Court of Canada’s much discussed decision in Antrim Truck Centre Ltd. v. Ontario (Transportation)2, continues to be dominated by cases addressing questions of municipal and public authority; proper public purposes; procedure; compensation and costs. Given the basic underlying principle of expropriations law, that the expropriating authority must pay fair and adequate compensation for the property taken or damaged for the public benefit3, it is not surprising that questions of compensation are a common theme in the jurisprudence.

This paper begins with an overview of the expropriation process and the types of damages that may be claimed under the Ontario Expropriations Act4 (the “Act”). The overview provides context for the case law discussion that follows. The second part of the paper briefly considers the significance of the Supreme Court’s reasoning in Antrim. The paper concludes by discussing five recent expropriation cases that have applied the principles in Antrim and/or have contributed to the larger body of jurisprudence on expropriation matters.

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2017

THE OMB TODAY AND TOMORROW: THE IMPACT OF BILL 139 ON EXPROPRIATIONS

    THE OMB TODAY AND TOMORROW:

THE IMPACT OF BILL 139 ON EXPROPRIATIONS

 Legislative History

  • On May 30, 2017 the Building Better Communities and Conserving Watersheds Act, 2017 (“Bill 139”) received 1st Reading in the provincial legislature.

     

  • The Ministry of Municipal Affairs and Housing (MMAH”) accepted public comment on the proposed legislation until August 14, 2017 through the EBR Registry.

     

  • 2nd Reading of Bill 139 was completed on September 27, 2017 (commenced on September 11, 2017).

     

  • Bill 139 is now before the Standing Committee on Social Policy (being considered since October 16, 2017).

     

  • Draft regulations have not been released.

 

Anticipated Enactment

  • By end of Spring 2018

Oct
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ONTARIO EXPROPRIATION ASSOCIATION ANNUAL CASE LAW UPDATE - 2016

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......

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CONTROLLING “REASONABLE” COSTS IN EXPROPRIATION PROCEEDINGS

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 ......

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