Pre-Expropriation Procedures Prior to commencing the expropriation process, the authorities may approach the owner directly in an attempt to negotiate a settlement without initiating potentially time-consuming expropriation proceedings. In which case, the authorities will approach the property
Municipalities in Ontario are engaging in the expropriation process to involuntarily purchase private property for various infrastructure works. For example, in the City of Toronto, the authorities have acquired an interest in private property in order to accommodate the upgrading and enhanced of
As has been discussed, expropriation is a taking of land without consent of the owner by an expropriating authority. An understanding of the expropriation process is essential for lawyers and appraisers to properly consult property owners and business owners that are subject to land acquisition by
The liabilities of vendor and purchaser for employee entitlements upon termination can become a major issue in negotiating the sale of a business. Section 64 governs statutory severance pay, which is payable only to an employee severed without cause, as defined, who has five or more years'
The vast majority of terminations are on a without cause basis, in some circumstances employers are permitted to terminated employees for just cause without the requirement to provide advanced notice of termination or payment in lieu thereof. The burden of proof rests with the employer to
Age and tenure of services are typically positively correlated, and they are two of the key factors considered by a Court in determining a terminated employee's reasonable notice entitlement. It has been recognized in case law that the availability of similar employment opportunities diminishes as
When acquiring an investment property, a thorough review of lease agreements is required to determine the appropriate valuation of the property. The value of the investment property is directly linked to the amount of rental income, the term, the quality of the tenants, the enforceability of the
As a real estate lawyer handling commercial leasing disputes and a commercial property manager, I am commonly involved with payment disputes between Landlords and Tenants, often resulting from ambiguity in the terms of a Lease Agreement. In this article, I will provide some initial definitions to