Expropriation Lawyer Hamilton

Facing land expropriation is both stressful and confusing. After all, you have governmental bodies attempting to legally seize your property seemingly out of nowhere – this can be jarring to say the least. Both your business and your home could be subjected to immense change following an expropriation claim.

With the stakes this high, the team at Unified LLP approaches every case with dedication and care. We know what could be potentially be on the line – which is why we take the time to get to know you and your individual circumstances. At Unified, we are measured, compassionate, caring, and diligent, sparing no resource in your defence. 

Our unique, client-centric approach works in tandem with our comprehensive knowledge of relevant expropriation law. This approach has helped dozens of clients protect their land successfully or get the maximum compensation possible. 

Should you be facing expropriation, reach out to a qualified Hamilton expropriation lawyer today at Unified LLP to ensure your rights are protected.

The government’s first action is to appoint a property agent to get in contact with property owners directly in an attempt to negotiate a “friendly” or “amicable” settlement and transaction. 

It is recommended that you retain the counsel of an expropriation lawyer Hamilton and an experienced real estate appraiser before agreeing to any transactions or settlements; this ensures that you receive appropriate compensation for your property.

If the agreement with the property agent fails,  you will next receive a Notice of Application for Approval to Expropriate. This is issued by the expropriating authority and clearly marks which property is to be possessed.

After the Notice is received, you’ll have 30 days to request a Hearing of Necessity. The Hearing of Necessity is your only opportunity as a property owner to challenge the expropriation. At the hearing, the Inquiry Officer hears the facts of the case and determines whether the expropriation is fair, sound, and reasonably necessary. 

When challenging the expropriation, you can only challenge it based on the grounds of it being unfair, unsound, or unreasonable – you are not able to make an argument regarding objective of the expropriation itself. The Inquiry Officer will not render a judgment but instead issue a recommendation to the Approval Authority. The Approval Authority considers the recommendation and issues a decision on whether the authority can proceed with the expropriation. 

During this part of the process, you will only be eligible for legal fee reimbursement up to $200. The inquiry does, however, require that the authority seeking to expropriate your property present documentation and disclosure for inspection. The hearing serves a dual purpose: delay the process and postpone the expropriation date while also having the potential to prevent the expropriation outright.

Should the expropriation be approved, the authority will register a Plan of Expropriation on title to your property within 90 days.  

You will then be served a Notice of Expropriation, Notice of Election and Notice of Possession.

The expropriating entity now has the authority to enter your land without your consent in order to perform a survey and perform similar actions.

The Notice of Election gives you three options for how the market value of your property will be assessed: from the date of the Notice of Inquiry, the date of registration of the plan of expropriation or the date of the service of the Notice of Expropriation. 

At least 90 days must elapse after the registration of the Plan of Expropriation before the expropriating entity can legally take possession of your land, with the only exceptions coming by way of agreement or court order.

Within three months of the Plan of Expropriation, the expropriating authority must make an offer to you typically referred to as a Section 25 offer. 

This offer takes into account the valuation of the land but usually fails to accurately assess business losses, opportunity costs, injurious affection, and other losses that you may suffer when relinquishing your property. You can choose to accept the Section 25 Offer “without prejudice” which means you’ll receive the proposed compensation and maintain the ability to negotiate for higher compensation. 

Usually, during settlement negotiation, you will be reimbursed for the costs accumulated in the course of the negotiation (legal fees, compensating professional appraisers, etc.).

A claim can be made to the Ontario Land Tribunal for full compensation. This is started via a Notice of Arbitration and Statement of Claim. Once sent, the Notice of Arbitration and Statement of Claim begin a process that is similar to a civil court hearing. 

During the hearing, the process becomes more complicated, but you will receive reimbursement for fees as defined in Section 32 of the Act: 

“Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Board and the amount awarded by the Board is 85 per cent, or more, of the amount offered by the statutory authority, the Board shall make an order directing the statutory authority to pay the reasonable legal, appraisal and other costs actually incurred by the owner for the purposes of determining the compensation payable, and may fix the costs in a lump sum or may order that the determination of the amount of such costs be referred to an assessment officer who shall assess and allow the costs in accordance with this subsection and the tariffs and rules prescribed under clause 44 (d)”

After the hearing, you may appeal; appeals have been heard before the Ontario Court of Appeal and the Supreme Court of Canada.

The above FAQ is only meant to inform and should not be taken as legal advice. Connect with a leading expropriation lawyer Toronto so we can get a better understanding of your unique situation.