What is Expropriation? Expropriation occurs when an authorized public authority takes private property without consent of the owner. In Canada, public authorities have the right to take private property, as long as the appropriate government body approves the acquisition. Given the imbalance
When an expropriation is approved by an "approving authority" (as defined by the Expropriations Act in Ontario), the expropriating authority will register a plan of expropriation on the title to the expropriated lands. Once the plan of expropriation has been registered, title, or ownership of
We are often contacted by employees that have been terminated from their employment for cause. Employers give any number of reasons to form the basis for a just cause dismissal; however, a Court will only uphold a decision to terminate an employer for just cause in the most extreme
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