Expropriation Law Blog
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Case Law Update: Interest Awards on Legal Fees in Expropriation Matters
Expropriated owners are generally entitled to their reasonable legal, appraisal, and other costs incurred for the purpose of determining compensation under section 32 of the Expropriations Act. The Divisional Court recently released a decision concluding that the Ontario Land Tribunal[1] does not…
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Bill C-15: Key Changes to the Expropriation Law Framework in Canada
In our previous blog posts, we outlined several key provisions of Bill C-15, which, if passed, would enact the High-Speed Rail Network Act to facilitate and expedite the construction of the proposed high-speed rail corridor between Toronto and Quebec City. Notably,…
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A Closer Look at the Proposed High-Speed Rail Network Act
In our previous blog post, we discussed Bill C-15 and the federal government’s proposed High-Speed Rail Network Act, which aims to accelerate construction of a planned high-speed rail corridor between Quebec City and Toronto. This post takes a deeper look at the practical…
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A First Look at the Proposed High-Speed Rail Network Act
The federal government’s plan to build a high-speed rail network between Quebec City and Toronto is moving forward under Bill C-15, a 600-page omnibus budget bill now at second reading in the House of Commons. The project would create nearly 1,000 km of dedicated…
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The Ring of Fire: Road Projects and Legal Implications
Ontario’s Ring of Fire is a mineral-rich region 500 km northeast of Thunder Bay, poised for major development. Yet it remains inaccessible by road. Two major infrastructure projects aim to change that—and raise significant land use and legal questions in the…
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Tribunal Declines Metrolinx Request to Combine Hearings
On July 9, 2025, the Ontario Land Tribunal recently dismissed a motion brought by Metrolinx to have three expropriation claims heard together (OLT-23-000848; OLT-23-000851; OLT-23-000860). The matters relate to adjacent properties along Queen Street West in Toronto, all acquired for the…
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Bill 5 and the Potential Implications for Property Owners in Ontario
The Government of Ontario recently introduced Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025. This proposed legislation aims to streamline approval and procurement processes to facilitate economic development across the province. According to its preamble, Bill 5 is intended to “protect…
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CASE LAW UPDATE
Expropriation law is a specialized area focused on advocating for fair compensation to landowners in accordance with the Expropriations Act (the “Act”) and related statutes such as the Transit-Oriented Communities Act and the Building Transit Faster Act. Land conveyance agreements or contractual expropriations which are often…
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Expropriation Legal Fee Recovery and Reimbursement: Recent Developments
Expropriated owners are generally entitled to their reasonable legal, appraisal, and other costs incurred for the purpose of determining compensation under section 32 of the Expropriations Act. In a recent decision titled Kareem George Saikaley v Ottawa (City), OLT-21-001312, the Ontario Land Tribunal (“Tribunal”)…
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Expropriation Legal Fee Recovery and Reimbursement: Recent Developments
Expropriated owners are generally entitled to their reasonable legal, appraisal, and other costs incurred for the purpose of determining compensation under section 32 of the Expropriations Act. In a recent decision titled Kareem George Saikaley v Ottawa (City), OLT-21-001312, the Ontario Land Tribunal (“Tribunal”)…
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Subterranean Expropriations for Subways in the Toronto Area
As the city of Toronto continues to grow and expand, the need for efficient transportation infrastructure has become seen as increasingly important. One aspect of this infrastructure is the development of subways, which often require extensive construction work above ground as…
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MATTHEW OWEN-KING PRESENTED AT IRWA CHAPTER 29 EDUCATION LUNCHEON
On December 4, 2024, Matthew Owen-King was a presenter at the IRWA Chapter 29 Education Luncheon. Presenting alongside Environmental Law Specialist, Marc McAree, and Appraiser/Real Estate Consultant, Grant Uba, Matthew spoke as the expert on Expropriation Law on the topic of Contaminated Land: Liability…
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Rights and Obligations of Property Owners Under the Expropriations Act in Ontario
In a previous blog post, we provided an overview of expropriation law in Ontario, including the principles behind it and how it works. In this post, we will delve deeper into the rights of property owners under the Expropriations Act in…
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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…
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Expropriation 101
Expropriation law in Ontario is a complex and often misunderstood area of law that can have significant implications for property owners. In this blog post, we will provide an overview of expropriation law in Ontario, including what it is, how it…
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The Importance of Independent Expert Advice in Expropriation
The recent OLT decision of Dean Adams cob Lube N Go v. Waterloo (Region) is a reminder to all expropriated parties of the importance of obtaining objective independent expert advice. The decision could be summarized by this sentence from the Tribunal: “Unfortunately, and…
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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…
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Expert Evidence Before the Ontario Land Tribunal
The recent Ontario Land Tribunal (OLT) decision 413464 Ontario Limited v. City of Windsor reiterates the ‘four-part’ test for consideration of any expert witnesses’ opinions as detailed by the Supreme Court of Canada in R. v. Mohan [1994] 2 S.C.R. 9. The four threshold requirements…
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Trees vs Transit: Metrolinx and the LSO
The legal battle between the Law Society of Ontario (“LSO”) and Metrolinx regarding the trees fronting Queen Street appears to be at an end. Metrolinx is a provincial agency with a mandate to ‘improve the coordination and integration of all modes…
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Scargall Owen-King LLP Recognized in 2022 edition of “Best Lawyers” in Expropriation Law
Scargall Owen-King LLP is pleased to announce that we have been recognized in the 2022 Canadian edition of Best Lawyers. Paul Scargall, Matthew Owen-King and Guillaume Lavictoire were recognized as “Best Lawyers” for their expertise in Expropriation Law. Best Lawyers, first published in…
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Matthew Owen-King named ‘Best Lawyers 2022’ “Lawyer of the Year” in Expropriation Law category
Scargall Owen-King is pleased to announce that Matthew Owen-King has been named Best Lawyers 2022 “Lawyer of the Year” in the Expropriation Law category. This accolade is presented to individual lawyers who have received the highest overall peer-feedback for each practice area in…
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Government of Canada Announces $12bn Investment Package for Toronto Subways, Hamilton Rapid Transit
On May 11, 2021, Prime Minister Justin Trudeau announced that the Government of Canada will be committing more than $12 billion towards 5 public transit projects across the GTHA. Approximately $10.7 billion will be going towards funding four priority subway projects…
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Screening out the Scheme: Potential lessons from the Paciorka re-hearing about the application of Expropriations Act S. 14(4)(b) in “mixed screening” scenarios
Introduction When a landowner in Ontario is expropriated by an expropriating authority, such as by the Ministry of Transportation (MTO), Metrolinx or by a municipality, the expropriated owner is entitled to be paid sufficient financial compensation to make him or her…
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Ontario Moves Forward with Widening Highway 17 from Arnprior to Renfrew
On May 27, 2020, MPP John Yakabuski (Renfrew-Nipissing Pembroke) announced that the Government of Ontario would be moving forward with the long-awaited widening of Highway 17 from two to four lanes between Arnprior and Renfrew. For Stage 1 of the project,…
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Ontario and Federal Governments Announce Highway 401 Widening Project in Cambridge
Ontario and Federal Governments Announce Highway 401 Widening Project in Cambridge On May 20, 2020, the governments of Ontario and Canada announced plans for the widening of Highway 401 from six to ten lanes in the Cambridge area, between Hespeler Road…
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In the Wake of the Cancelled LRT, Task Force Recommends Rapid Transit in Hamilton
On April 9, 2020, a special task force commissioned by the Province of Ontario issued a report on the proposed course for public transit development in Hamilton. The report recommended that the City spend the $1 billion in capital funding it…
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Guidance from the Director of Titles During the Covid Pandemic
The battle against the global pandemic has impacted us all. Adjustments to patterns of regular life are necessary. Those who have the agility to adjust appropriately are able to address the impacts of emerging and ongoing expropriations. Proceedings and meetings…
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THE PROPOSED BUILDING TRANSIT FASTER ACT: WHAT IT COULD MEAN FOR LANDOWNERS
The Ontario government has introduced legislation aimed at fast-tracking the property acquisition and expropriation process for four ‘priority’ projects – the Ontario Line, Scarborough Subway Extension, Yonge North Subway Extension, and Eglinton Crosstown West Extension. If passed, Bill 171, Building Transit Faster…
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Highway 407 Transitway Preliminary Studies Underway
The Ministry of Transportation is currently undertaking the planning, design and environmental assessment regarding the ‘407 Transitway’ anticipated to be constructed from Hurontario Street in Brampton/Mississauga to east of Highway 400 in Vaughan. The Transitway will include a dedicated transit corridor,…
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The GTA West Highway Corridor: Will Expropriation Affect You?
The GTA West Highway Corridor, also known as Highway 413, is a transportation route that is currently in the planning and analysis stage. Originally suspended in 2015, the Environmental Assessment has now been resumed by the Ontario Ministry of Transportation, covering…
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What is Metrolinx?
According to its website, ‘Metrolinx, an agency of the Government of Ontario under the Metrolinx Act, 2006, was created to improve the coordination and integration of all modes of transportation in the Greater Toronto and Hamilton Area.’ In the expropriations context, Metrolinx is…
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Ministry of Transportation Initiates Large-scale Expropriation Project in Barrie
http://highway400dunlopannesunnidale.com/ The Ministry of Transportation has initiated expropriation proceedings in the City of Barrie. This work is to facilitate the construction of improvements to Highway 400 and related interchanges. The project will also require the widening and improvement of the Dunlop…
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Manitoba Law Reform Commission Recommends Amendments to the Manitoba Expropriation Act
The Manitoba Law Reform Commission recently released its report entitled “Creating Efficiencies in the Law: The Expropriation Act of Manitoba.” The report is the result of a consultation process during which experienced expropriation law practitioners were involved. The report makes 10 recommendations to…
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Bill 108 Amendments to the Education Act are now in Full Force and Effect
On May 2, 2019, the provincial government introduced the More Homes, More Choice Act, 2019 (Bill 108). Bill 108 proposed sweeping changes to Ontario’s land use planning regime in order to help bring new housing to market sooner, thereby reducing or…
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Provincial Government Announces Sweeping Overhaul of The Land Use Planning Regime
Ontario’s Municipal Housing and Affairs Minister, Steve Clark, recently presented the province’s plan to address the province’s housing crisis, with Bill 108, the More Homes, More Choices Act, 2019, receiving its First Reading on May 2, 2019. The bill proposes extensive changes…
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The Provincial Government Announces Funding for Large-scale Transit Improvements in the GTA
On April 10th, the provincial government unveiled plans for a transit expansion project in the Greater Toronto Area that will include: An expansion of public transit on this scale will necessitate the acquisition or expropriation of numerous privately-owned property interests to…
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Tenant Claims in Expropriation
The Expropriations Act prescribes various compensation entitlements for the owners of expropriated lands. Tenants of expropriated lands, including commercial tenants, are considered “owners” under the statute. For example, the tenant of a retail plaza that is subject to an expropriation is entitled to…
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Guillaume Lavictoire discusses Expropriation with CityTV News
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, owners are entitled to request…
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Repeal and Replace: What Impact would the Proposed Replacement of the Ontario Municipal Board have on Expropriation Proceedings?
On May 30, 2017, the Ontario Legislative Assembly approved a first reading of Bill 139, which, if passed, would replace the Ontario Municipal Board with the Local Planning Appeal Tribunal. Bill 139 still requires further readings and royal assent before being…
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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. When the authority eventually expropriates the…
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How is Compensation for Market Value Determined in an Expropriation?
“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 value: “the market value of land expropriated is…
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Divisional Court Upholds Expropriation Costs Award In Favour of County
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 Expropriations Act. The…
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What is a Notice of Application for Approval to Expropriate Land?
Expropriating authorities are often successful in amicably negotiating the acquisition of land required for an infrastructure project. However, in certain circumstances an authority is required to pursue expropriation to acquire land. Expropriation often arises where negotiations with the landowner are at…
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Can I Fight or Contest an Expropriation?
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 whether an anticipated expropriation is “fair, sound or…
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Surveyors’ Right of Entry
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 surveyors and persons in the surveyor`s…
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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…
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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…
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Province Undertakes Ontario Municipal Board Review
The Ontario government has recently announced that it is undertaking a review of the scope and effectiveness of the Ontario Municipal Board (OMB). The review of the independent tribunal tasked with making decisions under a number of statutes, including the Planning Act and…
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Court Considers Authority’s Obligation to Offer-Back Expropriated Lands to Owner
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’s right of first refusal under the Expropriations Act (the “Act”), where lands are found to no longer be…
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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. These events are often referred…
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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. These events are often referred…