EXPROPRIATION LAWYERS IN TORONTO & THROUGHOUT ONTARIO
There are very few specialized legal experts in the area of expropriation law in Ontario, and it is imperative that you retained specialized counsel to assist you, as there are many unique aspects of expropriation law, including timing and notice requirements, the types of compensation you are entitled to, and the arbitration process at the Local Planning Appeals Tribunal.
In addition to our expertise in expropriation law, our Toronto expropriation lawyers work with a group of specialists (i.e., land appraisers, and business loss valuators) that have expertise in the area of expropriation.
What is Expropriation?
As the government implements various infrastructure projects across Ontario, there is a growing need for the government to purchase private property from land and business owners in order to accommodate public construction work. The government has the authority to take land without the consent of the owner using the powers set out in the Expropriations Act in Ontario, Canada. When a government purchases a property from private owners without their consent, this is referred to as an expropriation.
Property owners, tenants, and businesses are considered “owners” under the Expropriations Act in Ontario; and accordingly we assist them in obtaining fair compensation for lands or businesses they are losing as a result of expropriation.
Expropriation Act of Ontario, Canada
Our Toronto Expropriation Lawyers are experts in expropriated land disputes.
Expropriation involves the public taking of land without the private owner’s consent. It is also referred to as an eminent domain. It is an extreme exercise of a government authority. As a property owner, you may first become aware of a pending expropriation when you receive a Notice of Application of Intention to Expropriate Land from your local municipality or transit authority. This Notice sets out the nature of the project and the land to be taken. Within 3 months of approval to expropriation being granted by the authorities, a Plan of Expropriation is registered, at which time the authorities take legal ownership.
Sometime thereafter the expropriating authorities will take possession of the property. Various interim steps are taken by the authorities between the date of plan registration and the date of possession under the Expropriations Act. It is imperative to contact experienced legal counsel at this early stage to ensure your rights are preserved with respect to the expropriation process.
The Government involuntarily expropriated your land
Obtain the Compensation You Deserve For Your Property
Land and business owners are entitled to various forms of compensation resulting from the expropriation of land. Few lawyers have extensive knowledge of the Expropriation Act. Contact our expropriation lawyer today for more information.
Expropriations can involve permanent purchases of fee simple interests in land (full taking or partial taking of land). In other words, the government will involuntarily purchase your property, and you, as property or business owner, are obliged to accept this decision. Recent changes in 2020 in Ontario to the Building Transit Faster Act, has expedited the expropriation process, allowing the government to bypass the ‘hearing of necessity’ process, which previously allowed property owners to challenge the reasonableness of the expropriation.
A business owner or landowner that is expropriated is entitled to various forms of compensation, including:
- Fair market value of their property;
- Disturbance damages, or any losses that are a natural or reasonable consequence of the expropriation;
- Business losses and relocation expenses;
- Injurious affection damages;
- The reimbursement or reasonable legal and professional fees.
Contact us at Goldstein Law Firm in Toronto for all your Expropriation legal Matters
Goldstein Law Firm specializes in expropriation law. Our expropriation lawyers have extensive experience navigating the Expropriations Act in Ontario for property owners and business owners that are subject to expropriation. Expropriations law is a specialized practice area and it is important that you hire a specialist in expropriations law to protect your rights. Call us today at 647-838-6740 or use our contact form for a free consultation.
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