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 »
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 »
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 »