skip to main content
Menu

416 869 2202416 869 2202

Expropriation Law Blog

Guillaume Lavictoire discusses Expropriation with CityTV News

Guillaume Lavictoire

On June 26, Guillaume Lavictoire spoke to CityTV News about the rights of home owners facing a potential expropriation in relation to a road expansion project under consideration in Clarington.  Before the authority can expropriate land, owne......

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.......

How is Compensation for Market Value Determined in an Expropriation?

Guillaume Lavictoire

“Market Value” is a primary head of compensation prescribed under the Expropriations Act for owners who have had all or a portion of their lands expropriated.  The Act provides an objective standard for the determination of market......

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......

Can I Fight or Contest an Expropriation?

Guillaume Lavictoire

Assuming the expropriating authority is acting within its jurisdiction to take land, the simple answer is yes, but with potentially limited upside.   The Expropriations Act allows for an Inquiry process whereby an owner can challenge wh......

Surveyors' Right of Entry

Abbey Sinclair

Landowners affected by infrastructure projects and/or facing expropriation often wonder if a surveyor may access private property without permission. The simple answer is yes. In Ontario, the Surveys Act, R.S.O. 1990, c. S. 30 allows licensed sur......

Legal Costs Under the Expropriations Act

Guillaume Lavictoire

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.

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.

Court Considers Authority's Obligation to Offer-Back Expropriated Lands to Owner

Abbey Sinclair

In a recent decision, 1739061 Ontario Inc. v. Hamilton-Wentworth District School Board, 2016 ONCA 210, the Ontario Court of Appeal considered the “offer-back obligations” of expropriating authorities  and an expropriated owner&rsq......

Scargall Owen-King LLP  20 Victoria Street, 8th Floor | Toronto Ontario​, M5C  2​N8​  |  T: 416 869 2202416 869 2202   F: 416 869 2201

© 201​7 All rights reserved.  |  Legal Disclaimer

Scargall Owen-King LLP Lawyers provide expert legal representation to clients in cities across Ontario, including Ajax, Aurora, Barrie, Belleville, Brampton, Brant, Brantford, Brock, Brockville, Burlington, Cambridge, Central Toronto, Clarence-Rockland, Clarington, Cobourg, Collingwood, Cornwall, Dryden, Dufferin County, Durham, Elliot Lake, Etobicoke, Greater Toronto Area (GTA), Guelph, Haldimand County, Halton Region, Hamilton, Kawartha Lakes, Kenora, Kingston, Kitchener, London, Markham, Milton, Mississauga, Newmarket, Niagara Falls, Norfolk County, North Bay, North York, Oakville, Orillia, Oshawa, Ottawa, Owen Sound, Parry Sound, Peel Region, Pembroke, Peterborough, Pickering, Port Colborne, Prince Edward County, Quinte West, Richmond Hill, Sarnia, Sault Ste. Marie, Scarborough, Scugog, Simcoe County, St. Catharines, St. Thomas, Stratford, Sudbury, Temiskaming Shores, Thorold, Thunder Bay, Timmins, Toronto, Uxbridge, Vaughan, Waterloo, Welland, Whitby, Windsor, Woodstock, York Region.