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 »
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 »
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 »