Stephen Waqué | BLG



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.

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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: 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 »