expropriation construction

Expropriation Financing

Solutions to advance your claim for fair compensation and cover the significant costs associated with expropriation.

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Expropriation can cost you more than you think.
Whether you are a business, commercial property owner or homeowner, our expropriation financing solutions can help in a number of ways.
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Fair Compensation

Unfortunately, compensation from the government body expropriating your property rarely reflects fair market value and it does not take into account the costs associated with expropriation.

Financing from BridgePoint allows you to access and work with top expropriation lawyers and experts to advance your claim and ensures that you receive fair compensation.

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Expropriation Costs

Aside from the compensation paid for the expropriated property, there are additional costs associated with expropriation that should be covered. These can include legal and expert fees, relocation costs, and for businesses, the interruption and/or delay of operations.

BridgePoint provides an advance on your claim to cover these costs until you receive compensation.

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Business Disruption

The impact of expropriation can include cashflow issues related to the disruption of business operations, a loss of goodwill, and maintaining a stable environment for employees, customers and suppliers.

Our funding can assist with the costs associated with business disruption including working capital to stabilize the business, preserve goodwill and mitigate damages.

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Access to Justice

Access to funding significantly increases the value of your expropriation claim. Hire top lawyers and experts without being forced to settle for less due to cashflow-related issues or pre-existing financial obligations.

As part of our service, we can provide you with referrals from our network of leading expropriation lawyers and experts.

Funding at little or no cost to you.
Move your claim forward with confidence. Current legislation provides for full recovery of costs associated with your claim. Your legal counsel can provide you with details specific to your financing requirements.
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Funding solutions for expropriation lawyers.
Not only can we advance funds to your client to help with personal or expropriation-related expenses, including your fees, we also offer disbursement funding options for your firm.
Frequently Asked Questions
What is expropriation?

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.

How do I make an expropriation claim?

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.

What is the process for an advance on my expropriation claim?

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.

How is the concept of fair market value defined?

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.

What does the term disturbance mean as it relates to expropriation?

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.

What is injurious affection?

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.

Please contact us should you have any further questions.
Cambridge Chamber of Commerce: What You Need To Know About Expropriation
A comprehensive look at the impact of expropriation, including insights and available options from the Cambridge Chamber of Commerce article by Amanda Bafaro, Chief Risk Officer and General Counsel at BridgePoint Financial.
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Brampton Board of Trade: Expropriation and Business Interruption Recourse
We spoke about the effects of expropriation related to the planned Hurontario LRT construction and discussed how businesses can both protect and prepare for the impact of this project and other large infrastructure initiatives.
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