Expropriation

Aird & Berlis has decades of experience representing a wide variety of expropriating/approval authorities and landowners/claimants across Ontario in all aspects of expropriation law. Led by our Municipal & Land Use Planning Group, which is one of the largest in Canada, our specialized team combines the expertise of municipal and land use planning, real estate, litigation, environmental and tax lawyers to quickly address the requirements and challenges associated with the complex and contentious expropriation process.

We act for municipalities and other public authorities, such as Metrolinx, on a wide variety of expropriations, including their largest and most complex. In so doing, we are involved from the inception of the project, advising on related environmental assessments, preparation of notices, by-laws, plans, offers, agreements, and other documents, as well as the negotiation of compensation and the adjudication of compensation before the Ontario Land Tribunal and the courts, if necessary.

We have also advised numerous claimants such as homeowners, developers, industrial operators, owners and tenants of commercial plazas and others affected by expropriation. Our experience includes acting for the landowner in one of the largest transportation infrastructure expropriations in Ontario, as well as acting for claimants regarding various takings by public agencies for infrastructure projects such as transit, highway widenings and water and sewer works.

In 2021, Aird & Berlis lawyers Christopher Williams, Andrea Skinner and Matthew Helfand authored a book titled Expropriation Law in Ontario (LexisNexis), providing a comprehensive overview of the structure of the province’s Expropriations Act, as well as a review of relevant case law.

Services for Expropriating Authorities

Advise on and assist with related environmental assessments
Advise on proper expropriation strategy, including process, timing and avoidance of delaying tactics by other parties
Assist with the retention of proper experts and consultants such as appraisers, business valuators, environmental engineers and surveyors
Conduct land title and corporate searches as required
Assist with drafting, preparing and presenting reports to council/expropriation authority
Prepare all notices, by-laws, plans, offers, agreements and other required documents in accordance with the Ontario Expropriations Act and related legislation
Prepare submissions to and attend at Hearings of Necessity, if necessary
Apply on behalf of utility companies to the Ontario Energy Board for orders to expropriate
Negotiate possession and compensation
Register on title all surveys, plans and documents, as required
Act in connection with adjudication of compensation before the Ontario Land Tribunal and the courts, if necessary
Prepare for and attend before the courts in connection with collateral attacks on the expropriation, if necessary

Services for Claimants

Review expropriation documentation, including related environmental assessments, and provide advice on options to modify the taking, if possible
Assist with the retention of proper experts and consultants such as appraisers, business valuators, environmental engineers and planners
Advise on proper expropriation strategy to maximize the quantum of compensation and its timely receipt, and minimize the taxes payable on the compensation
Provide advice and assistance in dealing with tenants, mortgagees and other entities with a relationship to the claimant also affected by the expropriation
Prepare submissions to and attend at Hearings of Necessity, if necessary
Negotiate and review agreements and documents required in the expropriation process
Negotiate possession and compensation, with a focus on minimizing tax liability
Act in connection with adjudication of compensation before the Ontario Land Tribunal and the courts, if necessary
Prepare for and attend before the courts, if necessary

Whether we are advising expropriating authorities or claimants, we are committed to providing clients with the incisive guidance and assistance needed to navigate the complexities of the expropriation process in accordance with the legislation. Members of our Expropriation Group stay on top of relevant issues through active participation in the Ontario Expropriation Association.