19 Nov Value of Land – Expropriation in Ontario
When land in Ontario is expropriated, the Expropriations Act, R.S.O. 1990, c. E.26 (the “Act”) requires the expropriating authority to pay to the owner the “market value of the land.”
In addition to compensation for the market value of the expropriated property, if the expropriating authority takes only part of the owner’s land, the owner is also entitled to injurious affection damages for any reduction in the market value of his or her remaining land caused by the acquisition of part of the owner’s land.
If no land is taken whatsoever from the property owner but the public authorities have substantially and unreasonably interfered with your business or property, you may still be entitled to compensation for injurious affection.