Expropriation Financing

The right to own property is thought by some to be a fundamental human right. Despite this importance, however, the government still has the power to take your property. The term expropriate means to 'take property without the consent of the owner'. The authority to do so comes from a small but mighty piece of legislation called The Expropriations Act. So long as the taking of property is for a 'public purpose' the government can act unilaterally without the property owner's permission or consent.

We find ourselves in a period of booming infrastructure spending, with tremendous growth in the public sector to build roads, schools, railways, hospitals, and to modernize public services. The need for property is ever-growing as the government strives to meet the demands of population and ageing public infrastructure. If you are suffering the consequences of an expropriation, you will want to know your rights.

The government takes property all the time. Sadly, they do not always advise you of your rights and have been known to exceed their authority and/or fail to offer fair compensation to those impacted. When this happens, those impacted can object to the Local Planning Appeal Tribunal, the administrative tribunal with jurisdiction over expropriations. From there, if still unsatisfied with the outcome, the impacted party can seek review from the Court.

The first step is to contact us so we can schedule a call to review your situation and any notices or communications you have received from the expropriating authority.

The next step is to speak with an expropriation lawyer who can advise you on all available options and the process for putting together a claim for fair compensation. If you do not have a lawyer, we work with some of the top expropriation lawyers across Canada. Contact us and we would be happy to provide you with their details or make an introduction.

Once we have the details of your situation and assessed your claim, we can provide you with the advance on your expropriation claim.

There are nuances in every province; however market value is generally defined as market value the amount that the land might be expected to realize if sold in the open market by a willing seller to a willing buyer. Compensation is generally assessed based on the market value, or the value to the owner, in addition to any losses caused by the owner of the land due to disturbance. Our expropriation financing product helps further claims ensuring that clients are compensated for fair market value and associated losses.

Disturbance as it relates to expropriation is defined as any "economic loss" including relocation costs, the increased cost of doing business, the disturbance or loss of business or chance of making profits, or the loss or diminution of good will. Claims can be made for fair compensation to cover economic losses suffered due to disturbance. For example, we have helped businesses impacted by the Eglinton LRT construction in Toronto.

Injurious affection is an effect of expropriation essentially meaning when the property is “hurtfully affected.” An example is when part of an owner’s land is expropriated, devaluing the remaining land. This often occurs when land is taken for roads, pipelines or railways. In these types of situations, the owner can claim for compensation for the expropriated lands as well as the devaluation of the remaining land.