Patterson Law Expropriation Blog
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In Lynch v St. John's (City), 2016 NLCA 35, the Newfoundland and Labrador Court of Appeal heard an appeal of a decision denying permission to proceed with a ten-lot residential development.  The refusal by the city had been upheld by the Trial Division of the court.  The plaintiffs appealed the court's decision, arguing that the denial effectively amounted to expropriation without compensation...

Gautam is a recent decision from the Supreme Court of British Columbia in which the Court ruled on issues revolving around injurious affection in the context of a class proceeding...

In Toronto Area Transit Operating Authority v Dell Holdings Ltd, [1997] 1 SCR 32, the Supreme Court of Canada adopted reasoning from a decision of the House of Lords in which a claimant had sought compensation for loss of profit which occurred after the announcement of expropriation, but before the land was actually taken. This period was referred to as the “shadow period”. In the case cited by the Supreme Court of Canada, the majority of the Law Lords found that the losses sustained in this period were caused by the expropriation and that the corresponding damages should be awarded...

Future loss of profit means the losses that will continue to occur after the compensation hearing. It is a more speculative exercise as it involves more assumptions than the past loss quantification requires...

This and the next article deals with the quantification of business losses caused by expropriation or government works. It should be read in conjunction with our previous article "Business Loss 101".  Our next article will be: "Business Loss 301 - Quantifying Future Business Loss"... 

In Dartmouth Crossing Limited (Re), 2015 NSUARB 48, the Nova Scotia Utility and Review Board considered whether information provided by a landowner to an expropriating authority for an injurious affection claim was sufficient meet the requirements for “particulars” during the one year limitation period under the Expropriation Act...

One of the more complex compensations issues dealt with by lawyers in expropriation claims is business loss. There are two main issues involved: proving that the expropriation (or construction of the government's works) caused the business loss; and, proving the amount of the loss (the compensation payable)...

In all jurisdictions in Canada, if the authority and the landowner cannot reach an agreement on compensation, the parties have a right to have the issue determined.  In some Provinces (Nova Scotia, Manitoba and Ontario, for example) have specialized tribunals that hear expropriation cases.  In other Provinces (New Brunswick, Newfoundland and Prince Edward Island, for example) the Superior Court hears the cases.  The forum in which a case is heard is determined by the governing expropriation legislation of the specific Province...

In May, we posted a blog entry on Vincorp Financial Ltd v The Corporation of the County of Oxford, 2014 ONSC 2580, a decision of the Ontario Superior Court of Justice concerning the ability of a municipality to expropriation lands to sell to another business (Toyota) to build a factory.  The Ontario Court of Appeal just released its decision in Vincorp Financial Ltd v Oxford (County), 2014 ONCA 876...

Recently, in Tri-Lag Corporation Limited v York Region District School Board, 2014 ONSC 4600, a previous award of compensation in expropriation was taken into account by the Ontario Superior Court of Justice in denying a plaintiff leave to appeal a decision in which the motions judge ordered the plaintiff to provide security for costs...