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…
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…
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…
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…
“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…
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…
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…
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…
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…
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…
