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…
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…
Introduction The entitlement of expropriated owners to recover their reasonable legal costs is a vital component of the compensatory scheme under the Expropriations Act (the “Act”).2 This entitlement permits parties subject to expropriation to have access to professional expertise to ensure that they receive…
Presented at the Spring Conference of the International Right of Way Association, Chapter 29 (Niagara Falls, Ontario – April 15, 2011) Introduction Despite the best efforts of governmental authorities in implementing non-invasive planning measures, the acquisition of privately held land for…
Despite recent amendments, there remains an oddity in the formulation of the Ontario expropriation legislation that appears to restrict the public’s access to an integral element of the expropriation process. Namely, the Inquiry Officer’s written Report following a Hearing of Necessity…
“There is general agreement that the existence and the exercise of this power [to expropriate] in actual cases constitutes an invasion of civil rights in our current legal system. Notwithstanding this, the power conferred and exercised in proper cases and according to proper principles…
The landscape in expropriation law following the Supreme Court of Canada’s much discussed decision in Antrim Truck Centre Ltd. v. Ontario (Transportation)2, continues to be dominated by cases addressing questions of municipal and public authority; proper public purposes; procedure; compensation and…
Over the past year Canadian courts and tribunals have provide expropriation practitioners with insights and guidance on a range of timely and relevant issues. Over the last twelve months decision-makers have considered and commented on pertinent issues ranging from compensation, to…
In this study, the authors present evidence that the National Energy Board (NEB) does not evaluate whether the duty to consult has been met by applicants or the Crown for the purposes of regulatory approval. While NEB panels do draw conclusions…
The past year has provided the expropriation law community with an array of interesting cases. A select summary of these cases is presented in the .pdf file below in chronological order. Subheadings containing a brief summary of the issue(s) accompany each case…
