Expropriation Law in Ontario
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In a 1959 ruling of the Exchequer Court of Canada, Thorson J. wrote that “Canada has the most arbitrary system of expropriation in the whole of the civilized world.” As the authors of this new publication explain, despite this inauspicious history, “[t]he law of expropriation in Ontario, and in Canada, has evolved significantly” since then. Expropriation Law in Ontario explores this evolution, and provides a comprehensive look at the structure and application of the province’s Expropriations Act.
An Invaluable Resource
Written by a trio of practitioners with decades of combined experience in municipal and land use planning law, this volume offers a deep dive into both the procedural and substantive aspects of expropriation law in Ontario, from a review of the history of the legislation to practical guidance on its application.
An invaluable resource for public authorities, legal practitioners and landowners, Expropriation Law in Ontario contains the key information required to navigate the expropriation law regime in Ontario, including:
- A detailed overview of the statute and its organization, structure and application, as well as review of relevant case law
- Commentary that analyzes the rights and duties of expropriating authorities and private landowners, explains key concepts and provides clear direction on how the legislation operates and should be interpreted and applied
- Easy-to-reference dynamic charts that set out the expropriation process, including the determination of compensation and delaying or modifying possession
- A timeline of the expropriation process to help practitioners and professionals better understand the broader picture
In addition, this publication incorporates the full text of the Ontario Expropriations Act and the federal Expropriation Act, as well as the relevant regulations.
This book will be particularly useful to:
- Municipal and expropriation law lawyers as it will assist them in acting on expropriation matters for both claimants and expropriating authorities, as well as to sophisticated practitioners who practise expropriation law extensively
- Paralegals as it will assist them in acting on expropriation matters for both claimants and expropriating authorities
- Non-legal officials from expropriating authorities (i.e., municipalities, public authorities, etc.) as it will help them understand expropriation legislation and matters; the timelines and chart will be especially helpful in ensuring compliance with the relevant laws
- Law libraries and associations who want to offer patrons the resources they require
Table of contents
Chapter 1: History of expropriation procedures in Ontario
Chapter 2: Who can expropriate
Chapter 3: Who is subject to expropriation
Chapter 4: Overview of expropriation procedures and steps leading to compensation
Chapter 5: Hearings of necessity
Chapter 6: Market value
Chapter 7: Non-market value compensation (disturbance damages, injurious affection, business loss)
Chapter 8: Special difficulties in relocation
Chapter 9: Mortgagees, tenants and execution creditors
Chapter 10: Costs
Chapter 11: Abandonment and disposal of land
Chapter 12: Appeals to court
Chapter 13: Collateral attacks
Chapter 14: Challenging expropriation proceedings
Chapter 15: De facto expropriations
Chapter 16: Federal Expropriation Act
Chapter 17: Indigenous issues and expropriations