Claiming Damages for Partial Land Takeover Not As Easy As You’d Think
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.
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 Waqué please visit http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx.