Category: Articles
Ignorance Is Not Bliss
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.
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
Frank Sperduti, a leading expropriation lawyer at Borden Ladner Gervais LLP, highlights the unique considerations that must be made when expropriating contaminated land.
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
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.
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
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.
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
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”.
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
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.
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
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.
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
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
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.
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
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.
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