What Do I Do?
If you have received a Notice of Application for Approval to Expropriate, it means that the government has begun the formal process under the Expropriations Act to take your land without your consent. Don’t worry – while the process is complex and can seem unjust, our highly acclaimed team at Davies Howe has a wealth of experience in this area and would be happy to help you navigate this stressful process.
Our team has answered some key questions below that most people have when they discover their land is being expropriated. We hope they are of assistance to you.
We would be happy to discuss the expropriation process in further detail to ensure your rights are protected and that you are fairly compensated. We invite you to contact Ava Kanner (ava@davieshowe.com) or her assistant Simone Stewart (simones@davieshowe.com) at 416.977.7088
Frequently Asked Questions
Q: Can they do this to me?
A: Yes. The government has the authority to expropriate land without the consent of an owner using powers set out in the Expropriations Act (the “Act”).
Q: How does the Expropriations Act protect me?
A: The process can be complex, but the intent of the Act is to make sure the landowner is fairly compensated for the expropriated property. The Act has been designed to make the owner “whole” by providing a mechanism for compensation in order to place the owner in the same position as if the expropriation had not taken place. Among other things, the market value of the lands, interest, and business and disturbance damages are part of the compensation package. Other damages recoverable include those which are the “natural and reasonable consequence of the expropriation”. The categories of recoverable items are quite broad.
Q: Do I need a lawyer for this?
A: Yes, it is highly recommended. This is your land and legal representation will help navigate the process and ensure you receive the best possible compensation for your property. Davies Howe has successfully represented a myriad of clients throughout the expropriation process and would be delighted to help you as well.
Q: How is compensation determined?
A: That’s the tricky part! It involves working with other experts, such as property appraisers and business valuators to arrive at the best price. Cases can range in complexity from simple claims for market value compensation in a residential full-taking context to loss of development opportunity, business losses, disturbance damages and injurious affection
Q: How much will this cost me?
A: The expropriating authority will be required to reimburse you for all reasonable legal, appraisal, and consulting fees incurred during the process.
Q: What if I can’t afford a lawyer right now?
A: We understand this was not part of your financial plan! Talk to us and we will find a solution. Our firm bills for the time spent working on the file on a monthly basis. However, if payment of our fees creates a hardship, we will work with you to find an appropriate solution, including, in some cases, deferring the payment of legal fees until the government authority reimburses the amount at end of the file.
Q: How much of the settlement will I get?
A: We do not charge a percentage of the amount negotiated with the expropriating authority. In other words, whatever amount we are able to negotiate for you or whatever amount is ordered by a tribunal, belongs to you. We are at your service.
