• TORONTO EXPROPRIATION LAW

GOLDSTEIN LAW FIRM

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Professional Fees

DO NOT PAY – The Government Pays Your Legal Fees

Some expropriation lawyers, such as our firm, will not require the client to pay any retainer for engaging our services.  Other expropriation lawyers will require retainers upwards of $25,000.00, irrespective of the protections provided under the Expropriations Act.

Under S.32(1) of the Expropriations Act, the expropriating authority is required to reimburse claimants for all reasonable legal and professional fees incurred in order to obtain compensation resulting from the expropriation of lands.

 

SAVE ON LEGAL FEES

In other words, if your property or business is expropriated, your out-of-pocket costs for legal and professional services are typically fully reimbursed by the authorities. In limited cases, such as where the claimant starts a frivolous lawsuit or otherwise acts in a high-handed manner, or where the authorities provide a reasonable offer of compensation to the Owner in accordance with s.25 of the Expropriation Act, and:

The amount awarded by the Tribunal is less than 85.0% of the amount offered by the statutory authority, the Tribunal may make an order it deems just with respect to costs. 

In other words, if the authorities provide a reasonable offer of compensation to the property owner which is subsequently rejected, the Tribunal may not order costs to the claimant. However; there are limited and exceptional circumstances where a claimant is not awarded its costs, as the purpose of the Expropriation Act is to “make whole” the expropriated owner.

WE HAVE 100% SUCCESS RATE IN OBTAINING COSTS

Our law firm has a 100% success rate in being reimbursed by the expropriating authority. Accordingly, we have represented our property and business owner clients without charge.

WE MAXIMIZE THE DOLLARS IN YOUR POCKET

While some lawyers will request that the client provide large retainers for representation in expropriation law matters, we are satisfied by the protections provided by the Expropriations Act to ensure we are paid by the government at the resolution of the claim.  While you may be suffering from financial constraints due to an expropriation, we do not want to exacerbate that issue by requiring the client to incur substantial legal costs.

The Owner that is subject to an expropriation should be made “whole” by the government. As such, an expropriated party is entitled to the market value of the lands, interest thereon (calculated at 6.0% since the date the owner stopped making productive use of the lands), injurious affection damages, business losses, and disturbance damages that are a natural or reasonable consequence of the expropriation.  In addition, the Act provides for the government to reimburse all reasonable professional and appraisal fees incurred by the expropriated party.

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