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 good accomplished through the development of Ontario’s infrastructure. As the claims become increasingly complex, the struggle becomes more difficult.
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