Frank Sperduti | BLG


Insights & Publications


The Lawyer/Appraiser Relationship

Posted on 11th February, by in Uncategorized. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP, highlights the importance of understanding the roles that the lawyer and appraiser play in the adversarial process and what each brings to the team.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Perils of Proving Injurious Affection

Posted on 31st January, by in Uncategorized. No Comments

Recovery of damages for injurious affection is a fundamental part of the basket of claims afforded to owners impacted by a partial taking.  Conceptually, injurious affection seems straight-forward enough:  the decrease in the value of remaining lands caused by a partial taking.  However, as Frank Sperduti of BLG suggests and as recent case law demonstrates, it is dangerous to take claims for injurious affection for granted, and proving injurious affection presents a critical challenge.

In Re Ammouri (2008) 95 LCR 59, the Ontario Ministry of Transportation expropriated approximately 7 percent of a 2.25 hectare vacant parcel to facilitate the widening of Highway No. 10 from three lanes to five lanes betweenBrampton and Orangeville.  The Board determined that the value of the taking was $15,000, and the owner claimed an additional $70,775 for injurious affection to the remaining property, as documented in … Read More »


October 12, 2011 Decision and Order of the Board

Posted on 29th January, by in Uncategorized. No Comments

This is the first pre-hearing conference decision in respect of the appeals related to the new City of Hamilton (City) Urban Official Plan adopted by the City on July 9, 2009 wherein Frank Sperduti of BLG represents the Appellants, Freeland Developments Limited.

Read full decision…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx

 


The Lawyer Weekly article, January 11, 2013

Posted on 24th January, by in Uncategorized. No Comments

Gabrielle Kramer, a member of the Borden Ladner Gervais LLP EMER Practice Group, was quoted in January 11, 2013 issue of The Lawyer Weekly in an article entitled “Clean-up cost landscape shifts, owners at greater risk”.  To read this article, please click on the link below.

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Stephen Waqué, Frank Sperduti and Sean Gosnell are partners at Borden Ladner Gervais LLP and members of BLG’s EMER Group (Environmental, Municipal, Expropriation, and Regulatory Law).  For more information on any of these professionals, please visit: www.blg.com


Time Castle Holdings Inc. v. Summit Green Land Corporation

Posted on 16th January, by in Uncategorized. No Comments

Frank Sperduti and Sean Gosnell, counsel for Summit Green Land Corporation, attended before J. Bielby at the Superior Court in Ontario on June 24, 2009 to make costs submissions on behalf of Summit Green Land Corporation.  To read the Costs Endorsement of J. Bielby, please click on the link below.

Read full endorsement…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Injurious Affection: A Case Law Update

Posted on 18th December, by in Uncategorized. No Comments

Frank Sperduti’s paper entitled “Injurious Affection to Lands Trapped in the Parkway Belt West Plan: A Case Law Update” reviews two cases which had the same three issues in dispute: the market value of the lands taken, the extent of the injurious affection to those remaining lands to the south of the highway, and the injurious affection (if any) to the north remaining lands.

Read full paper…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Preparing the Appraiser for Trial

Posted on 10th December, by in Uncategorized. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP, provides a checklist of practical advice and techniques to expert witnesses preparing to give evidence at trial.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


First Pre-hearing Decision and Order of the Board

Posted on 22nd November, by in Uncategorized. No Comments

Frank Sperduti, counsel for Freeland Developments Limited, attended the first Pre-hearing Conference and motion regarding appeals related to the new City of Hamilton Urban Hamilton Official Plan, adopted by the City onJuly 9, 2009 and approved by the Minister of Municipal Affairs and Housing with modifications on March 16, 2011.  To read the Decision and Order of the Board, please click on the link below.

Read full decision…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


City of St. Catharines v. Scaletta et al.

Posted on 22nd November, by in Uncategorized. No Comments

Frank Sperduti, counsel for the owners, disputed Local Improvement Charges involving four types of public works (new storm sewer, sanitary sewer, water main and sidewalks), along Fourth Avenue, under four separate By-laws.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx

 


Spagnuolo et al. v. City of Vaughn Decision issued May 6, 2009

Posted on 21st November, by in Uncategorized. No Comments

Frank Sperduti, counsel for the applicants applied for minor variances to the City of Vaughan’s Zoning By-law 1-88 for their property located at 73 Cachet Hill Crescent, Woodbridge, Ontario in order to continue construction of a pool deck and stairs located at the rear yard of an existing two-story single family detached dwelling.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Developments in Land Compensation: 2006 Case Law Update

Posted on 21st November, by in Uncategorized. No Comments

Frank Sperduti’s paper, entitled “Developments In Land Compensation: A Case Law Update – 2006” focuses on a few of the most significant decisions affecting the law in this area. The Ontario Municipal Board and the Courts have been struggling to strike a balance between fairness to property owners affected by public works, and the common good accomplished through the development of Ontario’s infrastructure.

Read full paper…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


The Impact of Environmental Contamination In Expropriation Compensation Claims

Posted on 21st November, by in Uncategorized. No Comments

Frank Sperduti’s paper entitled “The Impact of Environmental Contamination In Expropriation Compensation Claims” reviews case law in Ontario and in other Canadian jurisdictions to assist in understanding how Courts and tribunals have approached these issues in the context of expropriation claims. This paper then look at what we have learned from the case law to date, and what the future may hold for these types of claims.

Read full paper…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Paper by Frank Sperduti: Balancing Rights and Interests

Posted on 19th November, by in Uncategorized. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP, whose practice focuses on expropriation law, presented to the Alberta Expropriation Association, his paper entitled “Balancing Rights and Interests”, a comparative discussion of the Expropriation Acts in Ontario and Alberta.

Read full paper…

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


BLG Participation at the 2012 Ontario Expropriation Association Conference

Posted on 15th November, by in Uncategorized. No Comments

Frank Sperduti, Sean Gosnell, Gabrielle Kramer and Christel Higgs, members of the BLG EMER Practice Group, participated in the 2012 Ontairo Expropriation Assosciation’s Fall Conference which was held in Toronto on October 25, 2012. Gabrielle Kramer chaired the conference. Sean Gosnell was on the panel “Assessing the Reasonableness of Costs”. Frank Sperduti also participated in a panel discussion on “The Treatment of Contaimination in the Determination of Compensation” which was moderated by Gabrielle Kramer. Christel Higgs gave the presentation “Case Law Review”. To read Christel Higgs’ paper, which touches on the Paciorka case, please click on the link below.

Read more….

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, … Read More »


Expropriation Process

Posted on 14th November, by in Uncategorized. No Comments

Frank Sperduti, a partner at BLG whose practice focuses on expropriation law, provides a general overview and understanding of the expropriation process beginning to end.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


The 2010 Changes to the Ontario Rules of Civil Procedure

Posted on 12th November, by in Uncategorized. No Comments

Frank Sperduti, a senior partner at BLG in Toronto, provides an overview of the changes to the 2010 Ontario Rules of Civil Procedure and also informs the appraisal profession of the new requirements for experts reports prepared for litigation.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Highway 407 East expansion: Expropriation fight threatens costly delays, The Toronto Star, October 25, 2012

Posted on 8th November, by in Uncategorized. No Comments

Frank Sperduti, a senior partner at Borden Ladner Gervais LLP inToronto, representing elderly couple in expropriation battle.

Anton (Tony) Kapostins has been living in the Ajax home he built on 13 acres of farmland for 50 years now, but he has recently been asked to leave. The house, which sits on a half-acre lot, now belongs to the Ministry of Transportation; they expropriated the land in March 2011 for the first phase of the Highway 407 East construction.  To read the full acticle please see  http://www.thestar.com/news/gta/article/1276864–highway-407-east-expansion-expropriation-fight-threatens-costly-delays

Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association.  Frank Practices in the areas of civil litigation and administrative law, with emphasis on expropriations, planning, environmental law, commercial litigation and regulatory prosecutions.  For more information on Frank Sperduti please visit Read More »


Ignorance Is Not Bliss

Posted on 19th October, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP who is recognized for his expertise in environmental law, explores the evolution of greenbelt legislation in Ontario and Alberta and highlights the similarities and differences that have led to very different results.

Over the course of the last thirty years, both the provinces of Alberta and Ontario have undertaken to implement land use regulations principally aimed at maintaining a land reserve for future infrastructure needs and to curb urban development.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Expropriation of Contaminated Land Creates Challenges

Posted on 1st October, by in Articles. No Comments

Frank Sperduti, a leading expropriation lawyer at Borden Ladner Gervais LLP, highlights the unique considerations that must be made when expropriating contaminated land.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Market Value in Expropriations May Differ from “Real Life”

Posted on 21st September, by in Uncategorized. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP whose practice focuses on expropriation law, highlights some of the special rules and considerations applicable in proving market value in a legal proceeding and how that differs from a “real life” opinion
of market value.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Land Contamination Presents Major Issues in Appraising Value

Posted on 14th September, by in Articles. No Comments

Frank Sperduti, a partner and leading environmental lawyer at Borden Ladner Gervais LLP in Toronto, highlights how courts and tribunals have addressed issues surrounding the appraisal of value in land contaminations.

Evidence of environmental contamination, or “impairment”, can have significant ramifications in the marketing and sale of real estate. For example, the presence of contamination could attract the requirement for clean up costs to be incurred, impact or alter the highest and best use of part or all of a site, affect the ability of an owner or purchaser to obtain financing, building permits or redevelopment approvals, create civil liability to adjoining landowners, or result in regulatory orders or charges under provincial legislation.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in … Read More »


Many Complex Factors at Play in Expropriations

Posted on 26th July, by in Articles. No Comments

Frank Sperduti, a leading expropriation lawyer at Borden Ladner Gervais LLP, explores some of the advance concepts in expropriation, such as injurious affection and equivalent reinstatement.

Expropriation is the compulsory acquisition of land by a government authority. The process is complex and expensive, and the claims process is also complex and is governed by a strict legislative regime.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


New Rules Aimed to Prevent Bias

Posted on 25th July, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP who is recognized for his expertise in expropriation law, highlights changes made to the Ontario Rules of Civil Procedure and what they mean to expert witnesses.

It has long been understood in the legal profession that the role of the expert witness in litigation is to assist the Court. However, perhaps as litigation becomes more prevalent or as economic necessity dictates, expert witnesses have become increasingly perceived as “hired guns”.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Look West When Handling Expropriations

Posted on 24th July, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP and leader in environmental law, discusses the issues in expropriation law in Ontario and how the province can learn from Alberta’s Expropriation Act.

Ontario has been a fertile ground for expropriation compensation claims over the past several years, with a booming economy and an abundance of new public projects. However, some of the litigation in Ontario is being driven by owners frustrated with the inadequacies of the Ontario Expropriations Act and seeking to stretch the limits of the compensation provisions available.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more … Read More »


Insider’s View of Expropriation Process

Posted on 23rd July, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP whose practice focuses on environmental law, provides an overview of the expropriation process to aid with real estate valuations.

An expropriation in Ontario is defined as “the taking of land without consent of the owner by an expropriating authority in the exercise of its statutory powers…”. It is hard to imagine an exercise of governmental authority that can have a more direct impact on an owner’s property rights than the taking of an owner’s land without the owner’s consent.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on … Read More »


Compensation Claims on the Rise Due to Increase in Infrastructure Projects

Posted on 3rd July, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP who practises expropriation law, reviews significant decisions affecting the law in the area of land compensation claims.

With Ontario’s economy in full flight over the last several years, we have seen a dramatic increase in new public infrastructure projects across the province. Further, with the Provincial Government committing $1.2 billion in funding for new investment in roads, bridges and transit over the next year in its third budget, delivered March 23, 2006, the boom is expected to continue. The intent of this paper is to focus on a few of the most significant decisions affecting the law in this area. As the cases summarized below demonstrate, the Ontario Municipal Board and the Courts have been struggling to strike a balance between fairness to property owners affected by public works, and the common … Read More »


California Paves the Way With First U.S. Cap and Trade Program

Posted on 29th June, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP with expertise in environmental law, highlights the passing of a Cap and Trade program in California.

Of late, news related to climate change and Greenhouse Gas (GHG) management initiatives in the U.S. has largely been negative.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit: http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Changes to Aboriginal Consultation Requirements Impact Archaeologists

Posted on 28th June, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP with expertise in expropriation planning law, highlights changes made to aboriginal consultation requirements for archaeological assessments.

On Monday November 1, 2010 the Ontario Ministry of Tourism and Culture released new Standards and Guidelines for Consultant Archaeologists as well as a new technical bulletin entitled Engaging Aboriginal Communities in Archaeology.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit: http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


New Bill Changes Municipalities’ Role in Renewable Energy

Posted on 25th June, by in Articles. No Comments

Frank Sperduti, a partner at Borden Ladner Gervais LLP who practises environmental law, highlights the impact Bill 150 may have on the role of municipalities in renewable energy projects.

Bill 150, the Green Energy and Green Economy Act, 2009 (“Bill 150”), had first reading on February 23, 2009. If passed, Bill 150 would enact the Green Energy Act, 2009, amend and repeal 21 existing statutes, and significantly alter municipal involvement in renewable energy projects.

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Frank Sperduti is a partner with BLG and a member of the Board of Directors and past president of the Ontario Expropriation Association. He practises in the areas of civil litigation and administrative law, with an emphasis on expropriation planning, environmental law, commercial litigation and regulatory prosecutions. For more information on Frank Sperduti please visit: http://www.blg.com/en/home/our-professionals/Pages/Sperduti-Frank.aspx


Pre-Expropriation Negotiations: What to Expect and How to Respond

Posted on 15th March, by in Articles. No Comments

Once an expropriating authority has identified the lands it needs for a project, be it a road widening, new highway or public transit facility, it will send representatives to meet with the impacted landowners. “Typically, the authority will have obtained one, and sometimes two, appraisal reports assessing the market value of the landowner’s holding,” says Frank Sperduti, Senior Partner at BLG LLP. These appraisals form the basis of an offer of compensation, usually given to an owner many months before the expropriation process is formally commenced.

Owners who receive offers to sell or offers of compensation are well advised to have them reviewed by an experienced expropriation lawyer before signing anything, even if the market value being offered seems reasonable at first glance.  This is because there are often elements of compensation available to the landowner that may be omitted from the … Read More »


The Compensation Process and What to Expect

Posted on 15th March, by in Articles. No Comments

So, your land (or an interest in your land) has been expropriated.  You’ve received your section 25 offer of compensation, your appraisal report, and the authority has taken possession of the land.  What’s next? Frank Sperduti, Senior Partner at BLG LLP, sheds some light on next steps. “In many cases, in particular those where the primary areas of disagreement between the expropriating authority and the owner are market value and injurious affection, the first line of attack in having fair compensation determined is a meeting with the Board of Negotiation” he explains. The Board of Negotiation is made up mostly of qualified real estate appraisers, who specialize in market value and injurious affection.  The Board of Negotiation process is triggered by a “Notice of Negotiation” which may be served on the expropriating authority by the owner or vice versa.

“I have found some considerable success … Read More »


Expropriation Compensation and Costs

Posted on 29th February, by in Articles. No Comments

The Expropriations Act specifies the types of claims available to an owner whose land has been expropriated, and spells out the owners’ entitlement to reimbursement for costs. Of course, claims available include fair market value, but the Act goes much further, explains Frank Sperduti, Senior Partner at BLG LLP.

If only a piece of your land is expropriated, the Act specifies that an owner may be entitled to compensation for damages for “injurious affection”. “Simply put, this is the decrease in the value of your remaining lands resulting from an expropriation,” he says. Injurious affection has been awarded for landlocked parcels, difficulties accessing the remaining land after an expropriation, and loss of screening, privacy and amenity space. Here, Sperduti issues a word of caution. “In order to preserve your claim for compensation for injurious affection, you must commence your claim within … Read More »


The Expropriation Process

Posted on 23rd February, by in Articles. No Comments

Frank Sperduti, Senior Partner at BLG LLP, has approximately 20 years of experience with Ontario’s expropriation legislation. According to Sperduti, “If you are unable to come to terms with an expropriating authority about the extent of compensation payable to you, your land (or an interest in your land) may be expropriated.”

“To expropriate your land, the expropriating authority must follow an established, but complex, procedure proscribed by the Expropriations Act in Ontario,” continues Sperduti. “The process starts with the delivery of a Notice of Application for Approval to Expropriate, which must be served on every owner.”  Upon receipt of such a notice, an owner has 30 days to request what is commonly referred to as a “Hearing of Necessity”.  At this Hearing, the expropriating authority must demonstrate to the satisfaction of the Inquiry Officer that the proposed expropriation is “fair, sound and … Read More »


Principles of Expropriation Law in Ontario

Posted on 10th February, by in Articles. No Comments

As a senior partner with Borden Ladner Gervais LLP and a Member of the Board of Directors and Past President of the Ontario Expropriation Association, Frank Sperduti has approximately 20 years of experience with Ontario’s expropriation legislation.  He has acted for many owners in land compensation claims involving expropriations for urban renewal projects, highway acquisitions and widenings, and municipal improvement projects. Here, he explains the principles of Expropriation Law in Ontario.

Expropriation is by definition the “taking” of land without the consent of an owner by a government authority in the exercise of its statutory powers.  The power to expropriate has been described as one of the most significant government interferences a private citizen can endure.  ’The process a government authority must follow is complex, rivalled only perhaps by the complexity of the claims for compensation available to the property owner,’ explains Sperduti. “Disputes … Read More »