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…
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…
