An expropriation involves the taking of land by the Crown or a person empowered by statute to expropriate land without the consent of an owner. The Expropriations Act (Ont.) governs the expropriation process in the province and establishes a framework for determining the compensation payable to the owner for the expropriation.
Facing a potential expropriation can often be a challenging experience for an owner or tenant. Wood Bull provides clients with strategic, cost effective advice relating to all facets of the expropriation process. We help our clients understand the different stages in the expropriation process and assist them through the decision-making process relating to each stage. This includes a consideration of whether or not to:
- request a hearing of necessity;
- engage in negotiations with the expropriating authority; or
- request that the compensation be negotiated before the Board of Negotiation or determined by arbitration before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board).
The compensation payable to an owner would be based on the following four broad categories:
- the market value of the land;
- the damages attributable to disturbance;
- damages for injurious affection; and
- any special difficulties in relocation.
An important focus of our retainer involves working with a multi-disciplinary team of experts, such as planners, appraisers and accountants, to assemble the appropriate evidence that is required to support a claim for compensation.