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October 24, 2016 | Case Law Update 

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, the abandonment processes and offer-back obligations of expropriating authorities, and the ever important issues of statutory interest and costs.  Also notable this year are developments in the law on de facto expropriations and regulatory takings; and the limits of provincial-federal jurisdiction concerning the expropriation of property designated for a federally regulated project.

 A select summary of the cases is presented below in chronological order, based on the date the decision was issued. For reference, sub-headings containing a brief summary of the issues are also provided.

 

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23
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

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