Stephen Waqué | BLG


Insights & Publications


February 7, 2013 Decision of the Board

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

This is a decision of the Board relating to an October 23, 2012 motion for party status brought by Canada Mortgage and Housing Corporation (“CMHC”).  The Board denied CMHC’s motion and its reasons include that CMHC forfeited its right as an appellant for failure to comply with s. 17(36).

Read for decision…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada.  For more information on Stephen Waqué please visit Read More »


December 13, 2012 Order of the Board

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

This December 13, 2012 Order of the OMB is a consent order approving an amended modified boundary map, for Amendment 1 to the York Region Official Plan (“ROPA 1”), having received Minutes of Settlement between York Region and 3 appellant groups as well as York Region’s motion and responses from two of the appellant groups in support of York Region’s motion. The order bringing the amendment into force is withheld pending completion of conveyances.

Read full order…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that … Read More »


January 17, 2013 Decision of the Board, S.W. Lee and K. Hussey

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

The Ontario Municipal Board issued a partial approval order bringing into force and effect certain sections and policies of the York Regional Official Plan – 2010 as modified and as  set out in an August 23, 2012 order then approved, but not in force.

Read full decision…

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


May 13, 2011 Order of the Board

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

This is the first prehearing conference decision in respect of the York Region Official Plan 2010 and Official Plan Amendment Appeals.  The decision sets dates for future procedural events.

Read full decision…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada.  For more information on Stephen Waqué please visit http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx


December 19, 2012 Order of the Board

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

This December 19, 2012 Order of the OMB is a consent order approving and  bringing into force and effect a set of Retail and Employment policies with respect to The Regional Municipality of York Official Plan -2010 and repealing concordant provisions of the 1994 Official Plan, save and except as provided for in certain Minutes of Settlement entered into by York Region and various appellants and/or parties.

Read full order…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate … Read More »


August 23, 2012 Order of the Board

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

Stephen Waqué, Senior Partner at Borden Ladner Gervais LLP, highlights an order granting the partial approval of certain policies of the York Region Official Plan (“ROP – 2010”), repealing sections of the 1994 Regional Official Plan, partially resolving more than 12 appeals of the ROP – 2010 and fully resolving 5 appeals.

Read full decision…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada.  For more information on Stephen Waqué please … Read More »


August 15, 2012 Decision of the Board, S.W. Lee and K. Hussey

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

The Ontario Municipal Board issued its decision arising from the 8th pre-hearing conference. The Board approved exhibits 68 and 71 on principal stating that the exhibits are important milestones in the proceedings. To read more details of S.W. Lee and K. Hussey’s Memorandum of Oral Decision, click on the link below.

Read full decision…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association. Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waqué please … Read More »


June 22, 2012 Decision of the Board, S.W. Lee and K. Hussey

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

The Ontario Municipal Board issued its decision arising from the 8th pre-hearing conference.  The Regional Municipality of York agreed to adjourn the motion for partial approvals.  Counsel for NMLG also adjourned its motion for consolidation with the ROP-2010 ROPAs 1 and 3.  To read more about this decision, click on the link below.

Read full decision

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


May 17, 2012 Decision of the Board, S.W. Lee and K. Hussey

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

The Ontario Municipal Board issued its decision from the 7th pre-hearing conference in which it confirmed its jurisdiction to approve modified policies of an official plan on an appeal;  and, in response to a motion brought by Worden and Montanaro Estates Limited, for a hearing to correct land use designations, the Board indicated that it does not have jurisdiction to change the boundary of land use designations established in the Oak Ridges Moraine Conservation Plan for the Worden and Montanaro site.

 Read more…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a … Read More »


Arbitration Decision by Stephen Waqué, Sears and The Cadillac Fairview Corporation Limited

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

This is a January 2012 decision of Mr. Stephen Waqué, who acted as the arbitrator in a matter that concerned the interpretation of a February 1977 lease granted by Cadillac Fairview to the T. Eaton Company, predecessor of Sears Canada Inc., and in particular,  Article 14.02(a)(iii) which provides:  in the absence of agreement by the Landlord and the Tenant as to the proper proportions under clause (ii) above, then in the proportions determined by arbitration.

Sears sought to recover from CadillacFairview $8.5 million dollars. A majority of the claim concerned Sears’ allegation that over the period of 8 years, from 2000 to 2008,  it bore most if not all of a claw back penalty, which it contends should have been born by all tenants to the parcel. The claw back and the capping system which were both brought in … Read More »


Court of Appeal Decision: Windsor v. Paciorka Leaseholds Ltd.

Posted on 9th November, by in Decision. No Comments

Stephen Waqué, a senior partner at Borden Ladner Gervais LLP in Toronto, highlights a recent decision issued by the Court of Appeal in Windsor (City) v. Paciorka Leaseholds Ltd., on June 22, 2012.

Read full article…

Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association.  Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law.  Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada.  For more information on Stephen Waqué please visit http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx

 


Appraisal Industry a Growing Field

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

Stephen Waque, a partner at Borden Ladner Gervais LLP who specializes in expropriation law, outlines how the appraisal industry is changing and how its professionals can embrace their role in the Creative Class.

In the winter of 1938, near the end of the Great Depression, Western rural appraisers founded the Appraisal Institute of Canada. The hard lessons of the Depression and, indeed, recent financial crises have reinforced a culture within the profession that supports report writing. The founders intended that the Institute would have two roles: information gathering and sharing and developing appraisal theories and common terms.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author … Read More »


Changes to Toronto Zoning Bylaws Impact all Landowners

Posted on 22nd October, by in Articles. No Comments

Stephen Waque, a leading environmental lawyer at Borden Ladner Gervais LLP, outlines the changes made recently to Toronto’s zoning bylaws and how they impact property owners in the city.

The City of Toronto has released a proposed new zoning by-law for the entire city, and is now engaging in public consultations. The by-law has implications for all property owners in the city: The zoning for a site prescribes permitted uses, height, setbacks, maximum density, and other standards that directly govern development rights and, accordingly, property values. Changes to the zoning by-law can affect existing developments by restricting uses or altering redevelopment potential.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate … Read More »


Expropriation for Urban Renewal Not Cut and Dry

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

Stephen Waque, a senior partner and leading environmental lawyer at Borden Ladner Gervais LLP, highlights the challenges that municipalities face when expropriating land for urban intensification purposes.

Urban intensification produces a diversity of densely packaged, highly valued economic interests in real estate in terms of fee simple interests, limited partnerships, ground leases, retail leases, joint ventures, mortgages, et cetera. One of the pervading challenges of urban renewal is to assemble real estate.

Read full article…

Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an … Read More »


Relationship Between Climate Change and Real Estate Valuation

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP whose practice focuses on environmental law, highlights the impact that climate change will have on land values and how environmental initiatives can help municipalities remain competitive.

Climate change factors will have a significant and differential impact on land values. Green development is a factor that will drive the larger trend toward larger development companies, and areas subject to intensification and development in accordance with Green building and Green neighbourhood standards will increase in value significantly more than alternative
properties.

Read full article…

Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that … Read More »


Expropriations Require Balance Between Landowners Rights and Public Interests

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP whose practice focuses on expropriation law, highlights the fine line between public and private interests when expropriating land for public development.

The fundamental characteristic of expropriation is that an owner is dispossessed of a real property interest without the owner’s consent. There can be no greater compromise of a right or interest in a free and democratic society than the bald fact that a public authority can take that interest away without the owner’s consent except, perhaps, to take it away without right of compensation or due process.

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Stephen Waqué is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author … Read More »


The ABCs of Expropriation

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

Stephen Waque, a leading expropriation lawyer at Borden Ladner Gervais LLP, outlines the considerations that must be made when deciding on appropriate compensation in expropriations.

The basic elements that must be considered when calculating compensation in expropriations are: a) market value; b) injurious affection or loss of value in residual or non-expropriated land; c) disturbance damages; and d) special difficulties in relocation.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waque please visit … Read More »


Community Improvement Plan a Powerful Tool in Development

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP who is recognized for his expertise in environmental law, highlights the importance of Community Improvement Plans in infrastructure development.

A Community Improvement Plan is an official document focused on the implementation of planning policy. It has solid statutory basis in the Planning Act and undergoes public process including public hearing before municipal Council.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waque please … Read More »


Win-Win Transactions Involve More than Just Price

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

Stephen Waqué, a senior partner at Borden Ladner Gervais LLP who is recognized for his expertise in expropriation law, highlights how negotiators can achieve a win-win real estate transaction for both participants.

Real estate transactions usually involve at least a transfer of some interest in land in exchange for monetary compensation. As the buyer and seller have typically voluntarily agreed on price, one presumes they both have an opportunity to feel victorious. However, when we use the term win-win, usually we mean that some other value has been achieved through the transaction other than appropriate pricing.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New … Read More »


Ontario Green Belt Raises Landowner Rights Issues

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with a practice that focuses on environmental law, highlights the new Ontario Not-For-Profit Corporations Act.

In order to ensure a broad vista of action for the implementation of public policy, the courts, with certain limitations, have held that the implementation of good faith down-zoning schemes, however vast, are valid and do not give rise to opportunities for compensation.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more … Read More »


Compensation Not Always Fair

Posted on 17th July, by in Articles. No Comments

As a senior partner and leading expropriation lawyer at Borden Ladner Gervais LLP, Stephen Waque understands how compensation to landowners is based on legal rules, not fairness.
 
Understanding and applying the fairness equation means first understanding what the legal rules are. While the legal rules are an important and necessary discipline, they are not always directive of where interest-based, win-win negotiations will take a party undertaking an assembly.
 
Further reading:
The Fairness Equation.May8, 2008
Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. … Read More »


Claiming Damages for Partial Land Takeover Not As Easy As You’d Think

Posted on 16th July, by in Articles. No Comments

Stephen Waque, a senior partner and leading expropriation lawyer at Borden Ladner Gervais LLP, highlights the challenges that landowners face when trying to prove injurious affection.

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.

Further reading:

http://www.blg.com/en/home/publications/Documents/publication_3102.pdf

Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on … Read More »


Date Set for Launch of Ontario’s Not-For-Profit Corporations Act

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with a practice that focuses on environmental law, highlights the new Ontario Not-For-Profit Corporations Act.

A Date Has Been Set! — The new Ontario Not-for-Profit Corporations Act, 2010 will come into force on January 1, 2013.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waque please visithttp://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx


Changes to Pension Laws Affect Laid Off Employees

Posted on 9th July, by in Articles. No Comments

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with a practice that focuses on expropriation law, highlights new amendments to the Ontario Pension Benefits Act that impact grow-in benefits.

Grow-In Opt-Out for MEPPS and JSPPS — New amendments to the Ontario Pension Benefits Act, which are expected to come into effect on July 1, 2012, will require pension plans to provide grow-in benefits for members whose age plus service total at least 55.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is … Read More »


Facebook IPO

Posted on 6th July, by in Articles. No Comments

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with extensive experience in expropriation law, reviews the important lessons that businesses can learn from Facebook’s recent initial public offering.

The Facebook IPO: Danier Revisited — It was hailed as the most anticipated IPO of “recent history” but quickly became, over the course of mere weeks, the subject of class actions, regulatory interest and even preliminary inquiries by congress.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For … Read More »


Finance Recommends Relieving Changes

Posted on 5th July, by in Articles. No Comments

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with extensive experience in environmental law, highlights the Department of Finance’s recommendation to relieve changes to prohibited investment rules in the Income Tax Act as they apply to RRSPs, RRIFs and TFSAs.

Finance Recommends Relieving Changes to Prohibited Investment Rules for RRSPs, RRIFs and TFSAs. On June 12, 2012, the Department of Finance (“Finance”) sent a letter to the Joint Committee on Taxation of the Canadian Bar Association and the Canadian Institute of Chartered Accountants, in which it agreed to recommend significant relieving changes to the prohibited investment rules in Part XI.01 of the Income Tax Act.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation … Read More »


No Rights to Intellectual Property While Under Government Contract

Posted on 4th July, by in Articles. No Comments

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with a leading practise in expropriation law, highlights the Federal Government’s position that contractors have no intellectual property rights to information obtained while under contract.

Eyes Wide Shut: IP Ownership and the Federal Government – The Government`s Default Position is that You Do Not Own the IP. Generally, the default position taken by the federal government is that it owns all “Intellectual Property” rights in the “Foreground Information” as soon as it comes into existence and that the contractor has no rights to the Foreground Information except as granted by the federal government.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate … Read More »


Canada Day Not Always July 1st

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with expertise in environmental law, highlights the rules surrounding Canada Day and how the holiday should be treated when it falls on a Sunday.

Many people consider Canada Day to be on July 1. While that is correct most of the time, that is not always the case.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waque please visithttp://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx


Changes to Bank Act Clarify Security Issues

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with a leading practice in environmental law, highlights a recent amendment to the Bank Act which overrules two Supreme Court decisions.

On March 29, 2012, the Financial System Review Act (“FSRA”) received royal assent, with the provisions coming into force on a date to be fixed by order in council. The FSRA contains amendments to the Bank Act, clarifying the order of priorities in a situation where multiple security interests, including those under the Bank Act and under a provincial Personal Property Security Act (“PPSA”), are taken with respect to the same collateral.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate … Read More »


Land Negatively Affected By An Infrastructure Project? You May Be Entitled to Compensation

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP who practises expropriation law, outlines the rules in Alberta that may entitle landowners to compensation, even if their land is not expropriated.

Paper prepared for: The Alberta Expropriation Association 21st Annual Conference, September 18-20, 2008.

Read full article…

Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waque please visit: http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx


$36 Million Dollar Class Action Award Goes Up in Smoke

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP with expertise in expropriation law, highlights an important decision by the Ontario Appeal court regarding Inco’s nickel emissions and the impact of this decision on the real estate sector.

On October 7, 2011, the Ontario Court of Appeal in Smith v. Inco, overturned the decision of the Ontario Superior Court awarding $36 million dollars to a class of residents in Port Colborne, Ontario for property damages arising from the Inco nickel emissions. The decision provides new clarity regarding damages under private nuisance and strict liability, or Rylands v. Fletcher.

The Appeal Court’s stunning reversal arises from the particular facts and evolution of the class action, including through certification and trial. Prior to 1985, Inco Limited (inco) operated a nickel refinery in Port Colborne, Ontario for 66 years. During this lengthy period, the … Read More »


Key Brownfields Regulation Overhauled in Ontario

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

Stephen Waque, a senior partner at Borden Ladner Gervais LLP who practises environmental law, highlights important amendments made by the Ontario Ministry of the Environment to facilitate brownfield redevelopment.

On December 29, 2009, the Ontario Ministry of the Environment (the “MOE”) filed Ontario Regulation 511/09, introducing important amendments to Ontario Regulation 153/04, the principal regulation which governs the preparation and filing of Records of Site Condition.

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Stephen Waque is a senior partner with BLG and a founding director and past president of the Ontario Expropriation Association. He has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on … Read More »


Injurious Affection and the Wave Theory

Posted on 12th June, by in Articles. No Comments

As a senior partner with Borden Ladner Gervais LLP and a founding director and past president of the Ontario Expropriation Association, Stephen Waqué has over 30 years of experience with Ontario’s expropriation legislation.  Stephen is the author of the text New Law of Expropriation that deals comprehensively with government acquisitions of real estate and business interests.

The burden of adducing evidence in an injurious affection claim is significant enough.  Often adjudicators require that not only does an expropriated owner have the burden of adducing evidence, but also has a burden of proof (i.e. the balance of probabilities).

Injurious affection impacts often mix market value issues with complex human response issues in a very profound manner.  The aversion that an expropriated owner has to be required to live with a new public work, for example a hydro transmission tower and line, may be … Read More »


Mandatory Advance Payment Offers

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

Pursuant to Section 25 of the Expropriations Act, where no agreement as to compensation has been made with the landowner, the expropriating authority must, within three months after the registration of a plan of expropriation and before taking possession of the expropriated land, serve upon the registered owner an offer of compensation. “­As part of the expropriating authority’s requirement under Section 25, the authority must offer the landowner an immediate payment of 100% of the amount of the market value of the owner’s land as estimated by the expropriating authority,” says Stephen Waque, senior partner at BLG LLP and a founding director and past president of the Ontario Expropriation Association.

This advance payment is available to the landowner to accept on a without prejudice basis.  In essence, an expropriating authority is unable to obtain possession of the real property without first … Read More »


Hearing of Necessity: The Practical Challenges of Exercising this Right

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

Without a prior visit or visits from negotiators representing an expropriating authority, the first notice that a landowner subject to expropriation has of the advent of that process is the service of a formal Notice of Application for Approval to Expropriate. “Often, after being served with a Notice of Application for Approval to Expropriate, a landowner will engage legal counsel to assist with the expropriation process,” explains Stephen Waque, senior partner at BLG LLP.  Waque is also a founding director and past president of the Ontario Expropriation Association.

Legal counsel is able to assist a landowner in evaluating options made available to a landowner by the Expropriations Act, including whether or not to exercise the right to request a Hearing of Necessity. “A Hearing of Necessity theoretically safeguards a landowner’s interest by requiring an expropriating authority to prove that the land … Read More »


Historical Development of Expropriation Legislation in Ontario

Posted on 6th February, by in Articles. No Comments

As a senior partner with BLG LLP and a founding director and past president of the Ontario Expropriation Association, Stephen Waqué has over 30 years of experience with Ontario’s expropriation legislation.  Waque is the author of the text New Law of Expropriation that deals comprehensively with government acquisitions of real estate and business interests.

“When faced with the challenges of an expropriation, clients often inquire about the history of expropriation legislation in this province, that has undergone fundamental changes since the mid 1960’s,” explains Waque. The Expropriations Procedures Act, S.O. 1962-63, c. 43, which came into effect in January 1964, consolidated Ontario’s expropriation law that was previously spread throughout over thirty statutes.  However, consolidation alone did not provide landowners with increased rights.  Rather, the Ontario Law Reform Commission was asked to examine the law establishing the principles that govern the amount … Read More »